Handling False Allegations in a Child Custody Case

Allegations of child abuse or neglect are taken seriously in Broomfield County Courts. False allegations can have a devastating impact on parents and children involved in a custody case. If you are found to have made allegations in bad faith, you may lose parenting time with your child, but how should you handle false allegations against you? If you find yourself in this situation, it is crucial to consult with an experienced Broomfield child custody lawyer at Danielsen Westhoff, PC.

Your Response Is Important in Effectively Handling False Allegations

For most parents, the idea of harming their child is nearly unimaginable. We’ve all had moments of frustration with our kids, but an allegation that we have knowingly or intentionally hurt them is painful. When you face these allegations, all eyes are on you, and it is crucial that you handle the situation with a calm and composed approach. According to Colorado Resilience, some of the best things you can do include:

• Stay calm
• Seek an attorney
• Document all interactions you’ve had with the accuser
• Gather refuting evidence

In some instances, you may benefit from seeking a parental fitness or mental health evaluation. However, it is advisable to consult with your attorney before doing so.

It may be tempting to try to talk with the other parent to work something out or figure out what happened. However, even good-faith attempts to resolve the issue may leave you in a worse position than you were in initially. Try to avoid any unnecessary communication in the face of untrue allegations.

Your Child’s Best Interest is the Top Priority

In any child custody case, especially those with allegations of abuse or neglect, the courts will review the evidence to determine what arrangement is in the best interest of the child in accordance with Colorado Statute 14-10-129. This requires the courts to consider factors such as:

• The child’s relationship with each parent
• The parents’ ability to provide for the child
• Access to resources

The courts may request a Guardian Ad Litem or CASA worker to help evaluate the situation and represent your child’s best interest. They may also require you to submit to mental health or parental fitness evaluations.

Your attorney can guide you on which actions can support the specific needs of your case. However, it’s usually a good move to centralize your child’s wants and needs in every interaction you have with the other parent and the courts, as well as your child.

The Consequences of False Allegations

Handling false allegations with a level head is key to successfully refuting them. If the other parent tries to file an emergency hearing to restrict parenting time, you may face a temporary barrier to time with your child. The courts will grant this if they have adequate concern for the child’s safety. However, the courts cannot permanently reduce your parenting time or restrict access to your child without an evidentiary hearing that allows you to defend yourself.

When someone makes false allegations against you, everyone suffers. You have to deal with the additional stress and anxiety to defend yourself against them. Your child may be caught in the middle of the conflict. If you successfully defend yourself, the judge is likely to write the custody order in your favor.