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False claims of child abuse common trick in custody battles

If your relationship with your ex has been volatile, you may be dealing with a difficult custody battle. An angry or bitter ex may be willing to try anything to gain custody of a child, even if it is only to keep you from winning the fight. Unfortunately, some of the tactics a parent may use to gain the upper hand in a custody battle can end up creating a world of hurt for everyone involved.

One of the most common tricks an ex may use is to accuse the other parent of child abuse. This allegation can cause a devastating ripple effect that will not only damage the custody efforts of both parents but may place the well-being of the child at risk. If you are facing accusations of having abused your child, you have a right to be concerned about the consequences.

What should I do now?

Did an agent from Child Protective Services show up at your door? Did the police ask to question your child? Perhaps authorities have even removed the child from your home as a precaution while they review the matter. You may be uncertain how to respond to the allegations of child abuse and the investigation that will determine whether you will lose custody of your child or even face criminal charges. It is critical to obtain guidance from a skilled attorney, who may suggest the following:

  • As soon as possible, gather support from friends, family, teachers and others who can attest to your abilities at being a loving parent.
  • Ask your supporters to offer written testimony that they have not seen you mistreat your child.
  • Resist the urge to lash out at your ex by leaving angry or threatening voicemails, texts or other messages or by confronting your ex in person.
  • Remember that those investigating your case have experience and can likely determine quickly if the accusations are unfounded.

Nevertheless, it is important to remain patient and cooperative, keeping in mind that the courts prefer not to separate children from their parents except for their safety and well-being. While your hope may be that the lack of evidence against you will quickly exonerate you, it is wise not to take that for granted. Having aggressive legal representation on your side may improve your chances of successfully retaining custody of your child and seeking custody modifications in your favor.

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Law Offices of Catherine A. Schwartz
6877 Magnolia Avenue
Riverside, CA 92506

Phone: 951-335-0510
Fax: 951-686-8195
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