Avoid making false allegations in custody disputes

On Behalf of The Law Offices of Ronda A. Middleton |

As a parent, it might feel unbearable to think of losing custody of your child to the child’s other parent. This is a normal feeling, but you must take great care to ensure that it does not motivate you to take unethical or illegal actions.

At some point or another, many parents in a custody dispute consider extreme measures to ensure that the judge overseeing their case “sees things their way.” If you recently began to consider accusing your children’s other parent of some act of abuse or endangerment that is untrue, you should seriously reconsider.

Not only is this not a fool-proof plan, there are many ways it can backfire. It is much wiser to consult with an experienced attorney to build a strategy for winning the best custody arrangement you can within the bounds of the law.

Breaking the law is not good parenting

Of course you don’t want to sacrifice your rights and privileges when it comes to your children — that is reasonable and understandable. However, if you accuse your child’s other parent of something false, you stand to lose much more than a favorable custody arrangement.

If you make false allegations of abuse or dangerous behavior against your child’s other parent, and those allegations prove to be false, the judge will certainly take that into account when making his or her ruling.

Furthermore, the other parent is not going to forget this injustice. Remember, you probably have to continue some form of relationship with him or her for the rest of your child’s upbringing, so turning the custody negotiation into medieval warfare may not work in your favor in the long run.

Consider other options

It is possible that you and your attorney can identify factually accurate accusations you can levy at your child’s other parent if his or her behavior is not above reproach. Even if your spouse does not break the law, some kinds of behavior may reflect poorly on their ability to parent well.

When it comes to the safety and best interests of a child, a judge often considers many factors outside the legality or illegality of behavior. If your child’s other parent engages in questionable behavior, or if they partake in drugs or alcohol in the presence of children, a judge is not likely to look kindly on this.

Here in California, the legal attitude towards marijuana, for instance, is lax for adult consumption. However, partaking in the presence of a child is strongly frowned upon, and may provide you with ethical and effective leverage.

Watch your own back and get proper help

Choosing the “allegations of misconduct” path in a custody dispute may prove difficult to navigate. Not only are you inviting scrutiny on your child’s other parent, that other parent may counter-allege bad behavior on your part.

Before you take these actions, it is always wise to consult with an experienced attorney who understands child custody norms in Fullerton.

With proper guidance by an experienced family law attorney, you can ensure that your rights and privileges as a parent remain secure as pursue justice in your custody dispute.

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