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How does a spouse address false abuse allegations during a divorce?

On Behalf of | Nov 29, 2021 | Child Support, Divorce

Not all divorce cases end in an amicable agreement, as some dissolutions are bitter affairs. A California divorce case could become incredibly stressful for a spouse who faces false allegations of abuse. Sometimes, one spouse may make false claims to receive preferable treatment with child custody decisions. The spouse might even rely on the allegations to keep the other parent from having visitation rights. Thankfully, there could be solutions to address false claims of mental and physical abuse.

Addressing the false claims

One spouse could make false claims against the other, which is bad enough. The troubled spouse may also lead the young child to agree with the false claims, creating an unfortunate situation. However, the court might not take the claims at face value and look for evidence that supports the abuse claims. After all, the accused spouse would likely deny the allegations.

Denials, like accusations, may require evidence to sway the court. Perhaps the absence of evidence, such as no offending text messages, a lack of witnesses that support the claims, and conflicting statements from the accusing parent and child, might undermine false allegations.

Relying on expert testimony

During the divorce and child support proceedings, expert testimony could cast doubts on abuse claims. A trained mental health professional may recognize signs that the claims seem untruthful. The professional may note it appears the accusing parent possesses alienating beliefs that may lead to false claims.

A mental health professional may examine the child and conclude the allegations are made up. When the therapist brings the assessment to the court’s attention, the court may realize the accusations are not true. Hopefully, the child could receive counseling to address any anguish he or she feels over the situation.