Allegations of child abuse by one parent against the other parent can arise in child custody cases. Although many cases are legitimate, some stem from false allegations. If you are a parent facing a false accusation of child abuse you may be confused as to why the other parent of your child could make such false allegations. You may also be wondering what rights you have in order to protect your child custody rights. A fathers rights divorce attorney can help you in your response to allegations of child abuse in regards to preserving your child custody rights.

Handling a False Allegation of Child Abuse

There are several reasons why one parent makes a false allegation against the other parent. Parents know that claims of abuse are a consideration in child custody proceedings in California. Unfortunately, some parents will resort to making false abuse allegations to tip the scales in their favor to get full custody and possibly more child support. It is important to understand that family courts take a serious stance on false child abuse allegations. Consult with an attorney on what options you have to ensure the well-being of your child and preserve your visitation rights.

Sanctions for False Allegation Cases

California has statutes in place that can be used on behalf of parents who are falsely accused. If the court finds that a false accusation of child abuse is made, and the person making the accusation knew it was false at the time the accusation was made, the court can impose reasonable monetary sanctions. 

False allegations of abuse result in loss of time and bonding with your child. You can seek sanctions if you can show that the other parent, or other persons such as grandparents or siblings, made false abuse allegations. As a father you have the right to ask the court to order a parent who made false child abuse allegations to have supervised visitation.  

Final Summary

When a parent makes false allegations of child abuse they are causing the most harm to the child. As a father, you have the same duty to protect your children from harm and ask for monetary sanctions against the other parent for the false allegations. In the event of a false abuse allegation a father may also seek primary physical custody and possibly sole legal custody of the children. Consult a California divorce attorney to discuss what legal options you have to protect your children as well as your rights as a parent.