An accusation of
domestic violence or abuse can impact the decision of the court with regard to
child custody. When one parent claims that the other abused the children either physically
or emotionally, the situation can be very serious for the accused parent.
In some cases, the claim of abuse is made in an effort to influence the
final decision regarding custody and visitation, but is exaggerated or
even false. Even if the accusation is false, the parent will then be forced
to bring evidence to court to challenge it. The evidence could include
testimony from character witnesses that have observed the parenting of
that person over a long period of time, neighbors, or health professionals
that have interviewed the children, among others.
It is not uncommon for accusations of this nature to be one dangerous facet
of a particularly acrimonious divorce. Some parents may be so upset by
the loss of the relationship, and so bitter, that they do anything possible
to discredit the other parent, in some cases in an effort to punish the
other person. The courts are alert to this type of action, and do not
look kindly upon those who use the court system to try to impact the parental
rights of the other parent for other reasons than the truth of the situation.
Nonetheless, one parent could have access to his or her children restricted
while the children are evaluated.
There are other cases in which the accusations of abuse, neglect or domestic
violence are completely true; but are disputed by the opposing attorney.
Gathering evidence to support the accusation is a critical part of success
in custody battles with alleged cases of abuse. Police reports, hospital
or doctor reports, as well as testimony from health professionals that
have interviewed the child or children are all elements of a custody case
involving child abuse, domestic violence or child sexual abuse. Children
must be protected and safe from harm from a violent parent. Those who
are accused of these acts must also be protected from false or exaggerated
accusations. Finding the right child custody lawyer to take action is
a crucial part of the process.
Get help from The Meyers Law Group, P.C. in New York in cases of domestic violence and child custody.