My Spouse is Accusing Me of Child Abuse in Our Divorce to Get Custody. What Can I Do?

 Posted on February 04, 2022 in Family Law

As a parent, being accused of intentionally harming your child can be shocking and deeply offensive. Sadly, some parents will do whatever it takes to gain an advantage in divorce or child custody proceedings, even if it means fabricating allegations of child abuse. If your ex is lying by saying you abused your child, you may be unsure of how to handle the situation. There is no perfect strategy, and each case is different. However, there are a few steps you should immediately take if you find yourself in this situation.

Comply With Any Orders of Protection

An Illinois Emergency Protection Order is often issued on the same day it is requested and may be based solely on the petitioner’s testimony. If your spouse got an order of protection against you, the order may require you to stay away from your spouse and children. It may even require you to move out of your own home. Even if the grounds for the protection order are false, the best thing to do is to comply with the protection order for now. Getting arrested for violating the order will only complicate your case and make it harder for the truth to come out. Although it is extremely hard not to, it is crucial that you do not confront your spouse or try to see your children in violation of the order.

Work With an Attorney Experienced in Complex Child Custody Disputes

If you were falsely accused of abuse, you need a lawyer who knows what you are going through and how to handle it. Work with an attorney who has experience representing parents in child custody disputes. Your lawyer can help you determine the next steps. You may need to attend a hearing to tell your side of the story and defend yourself. Your lawyer can represent you and advocate for you and your children during this hearing.

Document, Document, Document

Notetaking may seem inconsequential in a situation like this, but documenting your spouse’s behavior is one of the best things you can do to assist your lawyer. Keep track of the days on which you saw your children and the days they were with the other parent.  Save emails, text messages, voicemails, and other forms of communication between you and your ex. If your ex threatens you verbally or admits to making up the allegations, write down exactly what was said, who was witness to the statements, and the date, time, and location in which the conversation occurred. This information can be crucial to your case.

Contact a DuPage County Family Law Attorney

If your spouse is trying to get custody of your children by making up stories of abuse, you need an attorney who can advocate on your behalf. Contact the skilled Wheaton child custody lawyers at Goostree Law Group for help. Call 630-364-4046 for a free, confidential consultation.

Source:

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