Michigan Defense Attorney Giving Men the Representation They Need for False Accusations in Custody Disputes
Fathers can and should be key figures in their children’s lives. While women are stereotypically the more “nurturing” parent while we expect fathers to be stern and distant, this is often far from the truth. Fathers can and do love their children just as much as mothers, and play a vital role in their growth and development.
However, many times, family courts will side with mothers against equally or more capable fathers. 56% of people believe children should automatically go to their mothers in a divorce case. In practice, mothers receive sole or majority custody 72% of the time. Often this is because fathers reach a settlement rather than go to court. The majority of men reaching a custody settlement do so because they feel it’s the best deal they can get.
In many cases, this is because custody arguments are bolstered by false accusations of abuse leveled against fathers. These allegations can make an uphill battle even harder. Fathers may feel backed into a corner by false allegations and accept an unfair custody agreement. They may even face going to jail or prison and losing custody altogether. In the event false allegations are made against a father in a custody dispute, it’s vital he know his rights and act accordingly.
What are the Benefits of a Father Participating in a Child’s Life?
Ideally, children will have strong male and female role models growing up. These roles are often filled by mothers and fathers or mother/father figures. While the role of a loving mother in a child’s life is often emphasized, fathers are equally important. Many studies have been conducted showing that children who grow up with their fathers or strong father figures have greater success and happiness in their lives. Having a father or father figure present can result in many positive outcomes for children. These include:
- Greater Emotional Resolve
- More Stable Adult Relationships
- Better Cognitive and Social Development
- Greater Ability to Relate to Other People
These are only a few of the benefits children can receive from having their fathers in their lives. Ideally, children will be raised in an environment where they have strong male and female role models. Because of divorces, separations, and custody disputes, this may not always be the case. In some cases, this may be because a father does not want any future involvement in his child or children’s lives. In many instances, however, it is because of false allegations being made against the father.
What False Allegations Can Be Made in a Custody Dispute and Why?
The majority of accusations of abuse made in custody disputes are true. In about 88% of cases where a parent, guardian, or other individual makes allegations of abuse against a parent, there is evidence to support the claims. This means that 12% of abuse allegations are false. Those making false allegations take advantage of the fact so many other allegations are true in order to manipulate the criminal justice and legal system for their own purposes. Motivations for making false allegations in custody disputes can include:
- Intimidating the Father into a Legal Settlement
- Taking Revenge Against the Father for Real or Perceived Slights
- Attempting to Achieve Majority or Sole Custody of the Child(ren)
- A False Belief the Allegations are True
Many times, false allegations of child abuse may be used to pressure the father into accepting a settlement. Because courts may already be predisposed towards mothers, allegations of misconduct could potentially strengthen their case. Some men may agree to settlements against their own best interests to avoid being charged with abuse.
In those instances where men choose to fight allegations of abuse, they may be used in court to paint them as unfit fathers. This could result in men losing visitation rights or even total custody of their children.
In other instances, the allegations may be used simply to hurt the father by depicting him as an abusive and unfit parent. In other circumstances, the person making the allegations may even believe them to be true due to substance abuse or mental health issues.
What Should I Do if I’m a Man Facing False Accusations in a Custody Dispute?
If you’re a man facing false allegations in a custody dispute, it’s important you take several steps to protect yourself and your children. These include:
- Ceasing Contact with the Accuser Except in the Presence of an Attorney
- Collecting Text, Email, and Digital Evidence
- Gathering Witness Statements
- Continuing to Fulfill Parental Obligations
Attempting to contact or interact with your accuser could be used as evidence you were attempting to coerce, threaten, or manipulate them into dropping charges. It’s vital to cease all correspondence and contact with them immediately unless you have a lawyer present. It’s also important to begin saving any text, email, or digital evidence that can help disprove allegations. You should also begin speaking with trusted friends and family members to determine who could and would potentially testify on your behalf in the event of a trial.
It’s also important to continue to fulfill your parental obligations as the court and legal system allow. Continuing to demonstrate you’re a responsible parent can be vital in establishing your suitability as a father. It can also help to provide evidence against allegations of neglect or poor parenting.
Above all, the most important thing to do if you are a father facing false accusations in a custody battle is to contact an attorney. Experienced attorneys know what the legal and court system will be looking for. They will be able to help gather evidence to disprove false allegations and establish your suitability as a father. If you’re a man facing false allegations in a custody battle, immediately contact ADAM American Divorce Association for Men, located at 2000 Town Center #2350, Southfield MI 48075. We’re a quarter-mile Southwest of Southfield Town Center and one mile Northeast of Lawrence Technological University. We’re experienced in cases of false allegations being made against fathers and take them very seriously.
We understand the important role man can and should play in their children’s lives. If you or a loved one are involved in a custody dispute and facing false accusations, don’t hesitate to immediately call us at 248-290-6675 or contact us for an in-depth evaluation. False accusations shouldn’t keep you out of your child’s life.