If you are accused of child physical abuse or sexual abuse in Oklahoma, the first step is to read this article. Then, start interviewing child custody attorneys as soon as possible. Handling a case like this quickly and aggressively allows your child custody attorney to effectively defend you and accomplish a successful win on your behalf.
Hire an Experienced Child Custody Attorney
Contacting a child support attorney right away will help you get ahead of the accusations and show the court you are actively pursuing the case.
When interviewing attorneys, not only are you looking for an experienced child custody attorney, but also an attorney that has handled a false accusation of child abuse case. These types of cases can become emotional and challenging to those involved.
Having a skilled child custody attorney helps to minimize any additional drama or chaos your ex-spouse my try to create. Your attorney is their to represent you and your interests; you are not required to have any contact with the accusing parent once you have an attorney.
Know Your Rights
There are rights that the accused parent retains even after the accusation. Your child support attorney has the right, on your behalf, to question the motives and reasons the other parent may have that led to the child abuse accusation.
For example, a common defense is stating that the accusation was made in bad faith because the accusing parent knew or should have known the accusation to be false. In addition, the accusing parent cannot state abuse by the other parent if the intent is to interfere in the parent-child relationship.
You child custody attorney also has the right to:
- investigate the false accusation,
- request depositions of the other parent and any witnesses,
- request the court order a private custody evaluation,
- request a court appointed child custody investigator, and
- investigate and review files from child protective services.
Consequences of False Accusations of Child Abuse
If a parent falsely accuses the other parent of child sexual or physical abuse, the court does not usually look the other way. If the court determines that a parent falsely accuses the other parent with the intent to interfere, the accusing parent may get supervised visitation or visitation time decreased.
Many times, parents that are continuously being accused of child abuse usually find that a decrease in custody time, or the removal of legal and physical custody, is the only way to stop the other parent’s false accusations.
Custody is the main factor affected because a court deems a parent who puts their child through the process of a potential physical or sexual abuse case is not acting in the best interest of the child. The examinations and possible testifying of the child for a false abuse case can even be considered emotional or psychological abuse. This is why the court finds it necessary to restrict the falsely accusing parent’s visitation.
Initial Consultation with a Tulsa Child Custody Attorney
Going through a child custody battle and being falsely accused of child abuse can be very stressful, especially because your visitation and custody are at risk.
Hiring an experienced child custody attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma relocation process.
For a low-cost confidential consultation, call now: 918-924-5526.