All sorts of allegations can fly when you’re in the middle of a child custody dispute. The other parent might lob personal attacks against you to try to destroy your character, and they might make outlandish accusations that you’ve manipulated your child to try to skew the custody determination process. Although you might be able to spot these falsehoods in the blink of an eye, and you might feel like they’re easy for others to identify, the court very well may buy into the other parent’s arguments unless you can disprove or otherwise discredit their assertions.
Figuring out the best way to push back against the other parent’s allegations can be tough, especially if you’re unfamiliar with the legal arena. But there are legal strategies you can implement to shield yourself from these lies while protecting your child’s best interests. Let’s dive into some of them here so that you have a better idea of how to address falsehoods that may come up in your child custody case.
What can you do when the other parent lies in your child custody proceeding?
You might have multiple options here depending on the facts of your case. Here are some that may prove the most effective:
- Depose the other parent to lock them into inconsistent statements: It’s hard to keep lies straight and tell them consistently over time. This is especially true when they’re detailed. By deposing the other parent, you can pin them down on their statements. That way if they change their story at some point, including while in court, you can use their depositional testimony to highlight the inconsistencies and draw the reliability of their testimony and their arguments into question.
- Use unbiased witnesses: Although your testimony will likely be considered biased to a certain degree since you have an interest in the outcome of your custody hearing, other witnesses may not be. This can include medical professionals, mental health experts and school personnel. Consider whether you can use any of these witnesses to either speak to your relationship with your child or how the proposed custody arrangement either best supports or poses a threat to your child’s well-being.
- Present contradictory evidence: If the other parent is going to continue to lie, then you have to try to set the record straight. One way to do this is to simply present contradictory evidence in hopes that the judge hearing your case will give your evidence more weight. When doing so, you should anticipate the other parent’s cross-examination of your witnesses so that you can protect the integrity and the credibility of their testimony, and you have to know if any of your documentary evidence is susceptible to attack.
- Utilize the rules of evidence to your advantage: If you know the rules of evidence, then you might be able to block the other parent from submitting certain evidence against you. This can help keep out distracting and false evidence that otherwise might pose a detriment to your case.
If you let the other parent get away with saying whatever they want in your custody case, then you’ll allow them to steer the outcome. You and your child can’t afford to let that happen. So, as you work to build your child custody arguments, be sure to fully consider your legal options so that you can protect your child’s best interests and maximize your chances of securing a fair and favorable outcome.
