How to Beat False Allegations of Abuse from Your Ex-Wife During a Custody Battle

Every year, there are thousands of unsubstantiated reports of domestic and child abuse by divorcing and separating parents. The numbers are staggering, and it leaves every parent vulnerable to being falsely accused of abuse in the courts during a child custody battle. Child Protection Services (CPS) handles a number of abuse cases, but many are left without proof or validity of the initial report of alleged abuse.

• Ask for proof of the reported abuse claim, whether it was reported to the police or to CPS. If your ex does not have any proof (such as police report filings, previous contact with CPS, photos or other documentation), he or she may have filed a false allegation of abuse against you.
• Obtain a written transcript of any emergency hearings that cover the allegations--there may have been something said during a court hearing that was not documented in the court paperwork that was filed. If certain statements made by your ex (and his or her lawyer, if they have one) contradict each other, you may be able to show the judge that the accusations are false based on a story that does not stay consistent.
• File a claim against your ex for defamation of character, emotional distress, and similar tort lawsuits. False accusations can truly ruin one's name, both in their personal and business life. Make sure your ex understands the trauma and consequences of his or her actions. Filing a lawsuit in response to one's false allegations helps solidify the fact that the allegations are not only unsubstantiated, but that they are causing harm in other aspects of your life!
• Be very careful not to "overly-argue" the false allegations. If you seem overly concerned at defending the claims, it may make you look more guilty of the claims than you are. If they are truly unsubstantiated claims, just deny the allegations if there is no proof, and continue the trial as it was. Acknowledge the claim, but deny and move on.
• Stay away from your ex if he or she has filed a restraining order against you. The ex may try to get you to come over to "pick something up" at his or her place, but resist the temptation--your ex may be trying to set you up for violating a restraining order.

Excellent Resource for State Statutes on Child Abuse and Neglect

When it comes to divorce and custody cases, sometimes the mothers of the children will falsely report allegations of child abuse, domestic abuse, or child neglect against the father in an attempt to gain legal leverage in their court case.  This can cause a horrible chain of events that can scar any good father for life, and create a headache when it comes to disproving the allegations.  There are, however, statutes in each state that can protect you and can assist you in getting legal, civil retribution to those who make these false claims and cause defamation to your name for the accused.

If you are looking for the specific statutes in regards to child abuse and neglect in your own home state, there is a wonderful resource at childwelfare.gov.  This site has a searchable database of state statutes and laws regarding the abuse and neglect of children.  This can be great for those of you preparing legal documents and needing to reference a specific state or federal statute in your paperwork.

Also, soon there will be a new, updated eBook called "The Fathers' Rights Guide to False Allegations of Abuse," which will include helpful information like this, and more, to those of you fighting for your defenses to be heard when accused of abuse that never actually happened.  Malicious moms around the world are known for making false accusations in order to gain headway in a messy custody case, so be sure you know your rights and ways to protect yourself from your ex causing additional drama and headache in an attempt to show you in a bad, unfavorable light for her own benefit.  Check out the fathershelphotline.com for information on obtaining the false allegations eBook, along with the other eBooks included in the collection of the Fathers' Rights Protection System.