If you are falsely accused of abuse, neglect or other wrongdoing within the context of a child custody case, you will need to use concrete evidence and logical arguments to show that the claims are false. Fighting false accusations may be costly, since you may need to call in expert witnesses to evaluate the child and testify to the findings during the custody hearing. Since it is difficult to appeal the court's decision once the judge makes a custody ruling, plan your case carefully and avoid rash behaviour.
- Skill level:
- Moderately Challenging
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Hire an attorney. If you are in danger of losing your child due to false allegations, retain an attorney who specialises in child custody. If you cannot afford an attorney, contact Legal Aid or a non-profit group in your area that focuses on parents' rights or child welfare. These organisations may be able to help you with little or no upfront cost.
Provide evidence to back up your case. You will need to show the family court judge evidence to back up your claims that the allegations are false. This may involve subpoenaing witnesses, such as the child's teachers, social worker, paediatrician, therapist and case manager.
Retain expert witnesses who can support your assertions. If you are accused of abuse or neglect, you may need to call upon a psychiatrist to assess the child and report her findings in court.
Establish that the opposing party lacks credibility. Although personal attacks will not help your case, if your accuser has a history of mental health problems or compulsive lying, the court will consider this when evaluating the merits of your case.
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