How to Fight False Accusations in Child Custody Cases

 

Breakups are painful.  Even “clean” and amicable breakups can be life-altering.  Unfortunately, not every breakup is a clean break.  Some shattered relationships include contentious divorce or custody cases that cut deep.

There are two sides to every separation, divorce, or custody dispute.   Some divorce and custody cases get dirty with false accusations and claims against the co-parent.  False accusations are often raised during New Mexico custody disputes to either achieve sole legal custody, or limit a parent’s visitation with the child.

False claims and accusations are raised during divorce and custody cases to either demonstrate that a parent is unfit to care for a child, or to strengthen a parent’s argument regarding the best interests of the child.

 

WHY DO PARENTS MAKE FALSE ACCUSATIONS DURING A FAMILY LAW CASE?

 

Parents can be motivated to raise false claims for a number of reasons, including:

• Strike-back against an ex for a perceived wrong
• Cut the co-parent out of the picture with sole legal custody
• Limit a co-parent’s visitation with the child
• Gain leverage in family court and custody case

False claims often are raised to gain an advantage regarding custody or visitation.  These claims may include:

• False allegations of abuse or neglect with CYFD
• Untrue accusations of instability, placing the child in danger
• Parental unfitness to provide a child with adequate safety, care, or maintenance

 

COMMON FALSE ACCUSATIONS RAISED DURING AN ALBUQUERQUE FAMILY LAW CASE

 

Co-parents often make false claims to gain an advantage in the custody case.  Common false allegations during a NM custody dispute include:

• Drug or alcohol abuse
• Mental health issues
• Domestic violence
• Unstable/unsafe home environment
• Anger issues, harassment, emotional distress
• Police involvement
• Meritless Petition for Order of Protection/Restraining Order

 

DRUG OR ALCOHOL ABUSE

 

Claims of substance abuse issues are common during divorce and custody cases in New Mexico.  New Mexico judges are child-centered and are focused on protecting a child’s safety and health.  A judge’s duty to protect children can be abused through false accusations of drug or alcohol abuse.

Allegations of drug or alcohol abuse almost always result in the accused parent being ordered to take a drug or alcohol test.  New Mexico courts can detect abusive levels of alcohol consumption through a PEth test, or hair follicle test.  A positive test result, coupled with claims of instability, domestic violence, or abuse, can greatly impact one’s case.

Claims of drug abuse likely will require a parent to take a five panel, six month hair follicle test.  Testing positive for any of the five widely abused drugs can greatly impact a judge’s opinion regarding the child’s best interests.

Are you going through a custody dispute in New Mexico?  Do you believe that your ex will raise issues of drug or alcohol abuse?  It is highly likely that the court will order you to take a drug or alcohol test.  The results of your test could greatly impact your custody or visitation goals.

 

FALSE ACCUSATIONS OF DOMESTIC VIOLENCE

 

Custody disputes often involve claims of past or ongoing domestic violence.  These claims are raised to demonstrate instability and that a co-parent poses a threat to all parties involved.  Ultimately these claims are intended to impact the judge’s decision regarding the child’s best interests, custody and visitation. False claims of domestic violence include:

• Assault
• Battery
• Criminal damage to property
• Stalking
• Harassment
• Severe emotional distress

 

FALSE CLAIMS OF ABUSE AND RESTRAINING ORDERS

 

False claims of domestic violence often overlap with restraining orders.  A parent may file a Petition for Order of Protection, during a custody dispute.  In doing so, the parent might raise false claims of abuse to receive a Temporary Restraining Order that grants the parent temporary custody of the child.

Restraining Orders may involve false accusations of abuse including:

• Harassment or emotional abuse
• Physical violence
• Anger issues
• Police involvement
• Abuse that is escalating in nature

An Order of Protection (Restraining Order), with a finding of abuse, can greatly impact a custody case in both the short term and long term.

 

HOW TO PROVE FALSE ALLEGATIONS IN FAMILY COURT

 

As you have seen, there are a number of common false claims that can greatly impact your custody case in Albuquerque family court.  With that said,there are a number of common ways to fight against false accusations.

 

GATHER YOUR EVIDENCE – HOW TO WIN AGAINST FALSE ALLEGATIONS

 

Prepare your case for success by properly gathering your evidence.  Compile pictures, texts, emails, and any evidence that disproves your ex’s claims of abuse, neglect, or danger to the children.

Important evidence includes:

• Lack of CYFD investigation
• Lack of police involvement
• Lack of criminal arrests supporting domestic violence accusations
• Lack of picture evidence to demonstrating the claimed abuse
• Lack of text message or email evidence to demonstrate harassment or abuse

Claims of abuse lose credibility when they lack the evidence discussed above.

 

CREATE A TIMELINE TO DEFEND YOURSELF AGAINST FALSE ACCUSATIONS

 

A clear timeline can often fight false accusations of abuse – particularly Restraining Orders.  A co-parent may file a Petition for Order of Protection, claiming abuse, to get a temporary restraining order.  Here are some important dates to consider, to fight the false claims of abuse:

• When did the alleged abuse take place?
• How long after the abuse took place was the Restraining Order requested?
• Did you and your ex have contact (in person or through phone/text) from the date of the alleged abuse, and filing of Restraining Order?

Claims of abuse lose credibility based on the length of time that passes from the date of abuse until the Petition for Order of Protection is filed.  Claims of abuse also lose credibility when communication takes place between the alleged date of abuse and the date that the Restraining Order is requested.

It is important for your timeline to consider the date of alleged abuse and date that the Restraining Order is requested.  More time between the allegation of abuse and the request for Restraining Order equals less credibility.

 

REPORT CARDS, ATTENDANCE RECORDS, AND TEACHER TESTIMONY

 

Custody cases commonly involve claims of school issues such as excessive tardiness, behavioral problems, or falling grades.  These claims are raised to demonstrate issues with a co-parent’s home environment that negatively impacts the child’s performance in school.  Parents raise these issues because problems with school are generally the first indication of issues at home.

Consider the following evidence to fight false claims of poor school performance:

• Teacher testimony regarding a claimed issue (grades, tardiness, absences, behavioral outbursts)
• School records such as report cards or attendance sheets
• Testimony or records demonstrating parental involvement

 

TALK WITH AN EXPERIENCED ATTORNEY ABOUT HOW TO RESPOND TO FALSE ACCUSATIONS IN CHILD CUSTODY CASES

 

As you have read, there are a handful of common false accusations and claims that parents raise during custody and visitation cases in New Mexico.  Although there are common issues and defenses, each custody case is unique and has original facts and circumstances.  Your particular defense depends on the unique facts in your case.

Do you feel that your ex is trying to set you up for false claims and allegations?  If so, immediately speak with an experienced NM custody attorney.  This necessary conversation can provide you with an understanding of how your ex may be setting you up for a fall.  An experienced custody attorney will see common themes with your case and how they can impact your future time-sharing and custody.  An experienced custody attorney can help you gather evidence and create the best defense to fight the false accusations.

 

(505) SANCHEZ HELPS YOU UNDERSTAND HOW TO FIGHT FALSE ACCUSATIONS IN CHILD CUSTODY CASES IN NEW MEXICO

 

Do you have questions about how to fight false accusations in child custody cases in Albuquerque?  Matthew Legan Sanchez has over a decade of child custody trial experience and can explain how to fight false accusations in child custody cases.  Call (505) SANCHEZ For more information about New Mexico custody cases and how to fight false accusations in child custody matters.