Fighting Child Custody Changes After Being Wrongly Accused of Abuse

 Posted on January 04, 2019 in Family Law

Although spousal abuse and child abuse are unfortunately all too common, there are some situations in which false allegations are made. If you have found yourself facing a legal custody battle based on made-up accusations, you will definitely want to seek the advice of a knowledgeable family law attorney. 

Steps to Take

A disgruntled spouse or ex-spouse may think that accusing the other party of abuse will help win a custody case, even if nothing of the sort ever actually happened. They may involve DCFS, or they may go straight to the court. In these cases, it is of utmost importance that you remain calm and cooperate with any investigations that may take place. A judge will most likely try to err on the side of caution where a child is involved, but at the same time, courts are not willing to take away parenting time without clear, just cause. The worst thing you could do during this time is lose your cool. That is why it will help to have legal counsel for advice and to give you confidence in your case.

It will also be valuable to you if you can gather evidence and witnesses to vouch for your reputation. Friends, neighbors, family members, or others who have spent time with you and your children may be willing to testify, whether it be to DCFS, a Guardian ad Litem, or in court, that they have seen you treat your children well and have not seen any signs of abuse. These witnesses can be great resources in your case.

What to Do if the Investigation Does Not End in Your Favor

If your custody rights are temporarily suspended pending investigation, or if your rights are taken away indefinitely after investigation, there is still hope. An experienced attorney can help build a case for an appeal and work to get your rights reinstated. 

Additionally, if the charges of child abuse against you are indeed found to be false, it may be possible to get back attorney fees, court fees, and more from the accuser. In some cases, custody arrangements may even be modified to favor the accused party, if it can be demonstrated that the claims were unfounded or were made with malicious intent.

Contact an Attorney Right Away if You Have Been Wrongly Accused

It can be frightening to think about losing your child, and being accused of child abuse is an especially sad situation when you are innocent in the matter. While you should not let this type of situation unfold without a fight, you need to handle it properly. A Wheaton family law attorney from Davi Law Group can help you protect your parenting rights. Call our office at 312-985-5676 to set up a free consultation today.

Sources: 

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