Once parents divorce, the process of co-parenting begins. While you do not have to be best friends, you do need to get along well enough to provide a healthy, cohesive family unit for your children. However, there is sometimes animosity between divorced couples that follow them as they co-parent the children. In some of the worst cases, one parent may make false accusations against the other. There is any number of reasons a parent may do this, but the bottom line is that falsely accusing one parent is not healthy for the children involved. False accusations can range from alluding to falsifying legal documents to child abuse. If your former spouse has lodged a false accusation against you in the midst of your co-parenting journey, there are some steps you should take to help clear your name.
There is no one correct answer for every circumstance. When someone resorts to false accusations, it typically means they want something out of the situation they cannot obtain honestly. The other spouse could be desperate to have part of your arrangements fall into his or her favor regarding custody, child support, and the like. If your spouse falsely accuses you of anything dealing with your children, custody, or anything else pertaining to your arrangements, you will have to begin the process of protecting yourself to help disprove the allegations.
To defend yourself against false allegations, you need to find any documentation or other evidence to prove the allegations wrong. Because the court system takes all allegations seriously when they occur, you will need to have solid proof that you are not guilty of whatever you are accused of. The first thing to do is not panic or feel upset, though you do have the right to feel that way. Take pride in knowing you did not do what you are accused of and work to turn any injustice you may feel into positive action. Any negative infighting between you and your former spouse will not help the situation. Next, begin to gather the evidence to show you are not guilty of the accusation. If you are accused of child abuse, you can provide a clear criminal record to the court. If your former spouse states you do not pick your child up from school on time, request a letter from the school or your child's teacher to prove you are there each day. Additionally, you can have some witnesses to testify on your behalf. If there is any video footage that has a timestamp which exonerates you, you can provide the footage as evidence as well.
As soon as you have been falsely accused, you should call your attorney. All cases are different, and attorneys use a variety of defense strategies based on the accusation. You should be very specific with what was said about you. If you believe you took a specific action that may have been misconstrued in some way by your former spouse, resulting in the allegation, you should tell the clear story to your attorney. It is possible both you and your spouse’s respective attorneys can clear the air without going to court. Also, think if any words were said between you and your former spouse which lead you to believe your former spouse is attempting to regain full custody of your children. Any information you can provide will help clear up a false allegation. If you have any questions or have a family law matter, please contact Allan Brandon Tise, PLLC, Attorney at Law for help.
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