Due to the emotionally charged nature of child custody cases, people sometimes cross legal and moral boundaries by making false allegations of abuse. This can make a difficult process even more painful.
If you have been falsely accused of child abuse, you need the support of a knowledgeable divorce lawyer in Philadelphia. The Philadelphia child custody lawyers at Schwartz, Fox & Saltzman, LLC have been protecting the rights of falsely accused parents for over 30 years.
Fighting Against False Allegations in a Child Custody Dispute
Allegations of child abuse are treated seriously and vigorously investigated in Pennsylvania. While an investigation by Child Protective Services is a terrifying experience, staying focused on the facts and recognizing your rights and options is essential. It is possible to successfully defend yourself against false allegations, as seen by the fact that in 2022, nearly 86% of child abuse allegations were unfounded in Pennsylvania.
Work with Investigators & Authorities
Instinctively, it is natural to view investigators as enemies. However, it will generally work to your benefit to cooperate and provide assistance. A thorough and unbiased investigator can gather facts that help your case and assist you in establishing the truth. People who do not cooperate with these investigators generally do not do well, in the process.
Present Evidence Disproving the Allegations
In some cases, the best defense is a good offense. If you have evidence that conclusively disproves an allegation, you should present it immediately. You can build a powerful defense by gathering documents, records, witness statements, or other proof that contradicts the false accusations made against you.
Stay Proactive & Resolute in Asserting the Allegations Are False
People become overwhelmed when speaking with investigators. Sometimes, people make small concessions to investigators, eventually evolving into false concessions. No matter what pressure you face, it is essential to speak the facts clearly.
Remain Calm & Collected
In the face of challenging circumstances, remaining calm, cool, and collected is essential. Effectively, remaining calm can increase your credibility. An investigator is likelier to believe you if you present yourself as the rational parent.
Consult a Mental Health Expert
Due to the potential of an unpredictable outcome, a prolonged investigation can be a stressful experience. Seeking the guidance of a mental health expert can be beneficial in navigating the emotional toll of false allegations. Their expertise can provide you with coping strategies and support as you navigate the complexities of your case.
Consult with Your Family Law Attorney
Under Pennsylvania law (23 PA Cons Stat § 6368), you must be notified before being interviewed. Additionally, you have the absolute right to consult and have a lawyer present during an interview. A family law lawyer can be your strongest ally in fighting false allegations of child abuse, which is why you should obtain a consultation immediately.
How False Allegations Impact a Child Custody Case
False allegations can have profound consequences on your life. Your custodial rights may be impacted. Additionally, your relationship with your child may also be permanently damaged along with their emotional wellbeing.
Can a Parent Lose Custody Due to False Allegations?
The answer is “maybe”. If the other parent makes false allegations and seeks protection from abuse order (PFA), you may lose custody of your children for a temporary period. Similarly, the other parent may be able to use false allegations as a basis to seek a modification of a custody order. Again, in custody as well as any legal proceeding, having good legal guidance during the process is critical.
Legal Proceedings
Pennsylvania law (23 PA Cons Stat § 5328) requires courts to use the best interest of the child standard when making child custody decisions. If a court determines there is an ongoing risk of abuse, it can award the other parent sole custody and impose safety requirements for that parent’s custody visits. However, this also means you can present evidence to disprove the false allegations against you while also showing your child’s interest is served by granting you custody.
Your Mental & Emotional Wellbeing
One of the factors a court must consider when conducting a best-interest analysis is the mental conditions of both parents. In addition to fighting the false allegations, you must demonstrate your emotional stability. This is why you should consult a therapist if you have been falsely accused of child abuse.
Your Child’s Health & Wellbeing
Despite the underhanded nature of a false allegation, a court must also consider which parent will be better able to attend to a child’s health and wellbeing. This means in addition to fighting false allegations, you must also demonstrate your ability to care for your child. You should develop a plan to address potential issues your child may face and prioritize their stability throughout the custody proceedings.
Talk with an Experienced Family Law & Child Custody Attorney
If you have been falsely accused of child abuse, you need the services of a dedicated Philadelphia child custody attorney. The family law attorneys at Schwartz, Fox & Saltzman, LLC can help you build a case to disprove the false allegations and protect your rights. To learn more about our services, contact us today.