What Should I Do If I Am Facing False Allegations of Child Abuse?

 Posted on July 07, 2020 in Child Custody

According to Illinois law, both a child’s parents have a right to parenting time unless there is some reason that a child’s safety would be at risk around the parent. A parent may lose his or her right to parenting time if he or she has physically, emotionally, or sexually abused the child. Sadly, some parents attempt to use false accusations of child abuse as leverage in a child custody dispute. Not only do unfounded allegations of abuse rob a parent of his or her right to spend time with his or her child, but they also have devastating effects on the child. If you are in the midst of a divorce or child custody dispute and your child’s other parent is falsely accusing you of neglect or abuse, speak to a skilled family law attorney as soon as possible.

Gather Evidence

It is hard to believe that a parent would ever resort to fabricating stories of child abuse to manipulate a child custody case, but unfortunately, this scenario is not unheard of. Parents who do not want to share parental responsibilities and parenting time may accuse the other parent of hurting the child or even coach the child to repeat the allegations of abuse. If you have been accused of child abuse, you need to start gathering evidence that will help prove your innocence. This may include text messages, voicemails, letters, and other correspondence between you and the other parent as well as examples of communication between you and the children. Compile a list of family members, friends, neighbors, teachers, daycare workers, and other people who can vouch that you are a loving, non-abusive parent. It is also important to keep track of the times and dates that the children have been under your care. The more information you have, the more likely it is that you can use this information to prove inconsistencies and lies in the other parent’s story.

Comply With Any Orders of Protection

It is possible that the child’s other parent will file an order of protection or restraining order against you. If you are the subject of an order of protection that prohibits you from seeing your child or staying in your home, you may understandably be frustrated and outraged. However, it is important to comply with the court order. By violating the terms of the order, you risk being arrested and weakening your case, even if you have never abused your child. Following the terms of the order will help demonstrate that you are a law-abiding citizen. Never confront the other parent or anyone else involved in the allegations against you as this can easily be used against you as evidence of violence or mental instability.

Contact a DuPage County Child Custody Lawyer

The most important thing to do when you are falsely accused of abuse during a divorce or child custody disagreement is to speak with an attorney experienced in high-conflict child custody cases. The skilled Wheaton family law attorneys at Stogsdill Law Firm, P.C. have seen how damaging false claims of abuse can be to the wrongly accused and their children. We are committed to protecting your rights and advocating on behalf of your child's best interests. Call 630-462-9500 today to schedule a confidential consultation to discuss your concerns.

Sources:

https://www.verywellmind.com/if-youre-wrongly-accused-of-child-abuse-2997656

https://psychologenie.com/what-to-do-when-you-are-falsely-accused-of-child-abuse