Responding to False Allegations in Child Custody Cases in Texas

Jul 5, 2023Child Custody, Uncategorized

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The Texas Academy of Family Law Specialist is a professional organization of Board Certified family law attorneys.
IAFL is a worldwide association of practising lawyers who are recognised by their peers as the most experienced and skilled family law specialists in their respective countries.
The Texas Bar College is a professional society of legal scholars who are leaders in the Texas legal community and champions of legal education.
Living Magazine Voted Best Family Law Firm in Dallas Texas

Coping with false allegations in child custody cases can be a disheartening ordeal, especially when the allegations can influence the outcome significantly. In Texas, the law ensures that a child’s best interests are prioritized in custody decisions, meaning allegations of child abuse or neglect could heavily impact a judge’s ruling (Texas Family Code § 153.002).

In the face of such allegations, it is crucial to respond with a strategy that ensures your rights and those of your child are protected. The first step is to hire an experienced family law attorney who can navigate the Texas legal landscape effectively. Lawyers trained in this field can debunk false allegations by questioning the credibility of the accuser and evaluating the evidentiary support for the allegations.

Next, gather any evidence that could refute the allegations. This might include text messages, emails, photographs, or testimonies from people who know you and your child well. This evidence should show your ability to provide a safe, healthy environment for your child.

In some cases, seeking a psychological evaluation of all parties involved might also be beneficial. As per Texas Family Code § 153.013, the court may order a child custody evaluation to investigate the accusations and determine the child’s best interests. An impartial professional will assess the mental health of both parents and the child, often undermining unfounded allegations.

If allegations are found to be intentionally false, Texas law views this seriously. Under Texas Penal Code § 37.08, a person who knowingly makes a false report is liable to a state jail felony, which could influence the court’s final custody decision.

In conclusion, navigating false allegations in a child custody case can be emotionally and legally challenging. However, with the right support and resources, the truth can be brought to light and justice served.

Here at the Webb Family Law Firm, P.C., we understand the distress that false allegations can cause. Our experienced team is committed to ensuring your rights and the best interests of your child are upheld. For tailored legal guidance and robust representation in your child custody case, contact us today.

Sources:

  1. Texas Family Code § 153.002
  2. Texas Family Code § 153.013
  3. Texas Penal Code § 37.08

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