Combating False Child Abuse Allegations in New Jersey Marriage Dissolution Cases

False allegations of child abuse during New Jersey marriage dissolution cases represent a serious challenge that requires an immediate and strategic response. Unfortunately, these types of untrue allegations are more commonplace in New Jersey marriage dissolution cases than you might imagine. With this duly noted, we present some basic and yet essential information about how you can go about combating false child abuse allegations that might arise during the course of New Jersey marriage dissolution proceedings.

Immediate Actions When Faced with False Allegations

When false allegations of abuse arise during New Jersey marriage dissolution cases, immediate action on your part to combat these untrue contentions is vital. This prompt response includes a number of specific steps that include:

• Document everything related to the allegations
• Contact a qualified family law attorney immediately
• Avoid direct confrontation with the accusing spouse
• Maintain detailed records of all interactions with children and ex-spouse
• If you’re unrepresented by legal counsel, the time has arrived to consider seriously retaining the skilled services of an experienced New Jersey divorce lawyer

Build Your Defense

You must waste no time in building a defense to false allegations of abuse raised against you in divorce proceedings. Keep in mind that when it comes to children in divorce, the standard applied in matters associated with youngsters is what is in the best interests of a child. This includes an examination of whether or not allegations of abuse are being made in regard to children in divorce proceedings.

Building a defense to allegations of child abuse that are unfounded or untrue include:

• Gathering evidence and documentation
• Identifying potential witnesses
• Securing expert testimony if necessary
• Maintaining a detailed timeline of events
• Collecting character references

Work with Professionals

As mentioned previously, when confronted with these types of false allegations, seeking assistance from dedicated, experienced legal counsel is vital. There are New Jersey divorce attorneys who have a background in dealing with cases in which untrue allegations of child abuse are being made. In the end, the role of family law attorneys in combating these types of allegations simply cannot be understated. It is vital to retain legal counsel promptly.

In addition to legal representation, mental health professionals often play a significant role in defending against false allegations of abuse involving children. There are three primary areas in which mental health professionals can play a role in fighting against false allegations of child abuse:

• The mental health of the person facing allegations of being abusive
• The mental health of the person making the allegations
• The mental health of the child or children in the divorce proceedings

The court in which divorce proceedings are pending in which allegations of abuse arise may designate an independent professional to evaluate the situation. In addition, the court might appoint what is known as a guardian ad litem. A guardian ad litem – more often than not an attorney – is designated by the court to represent the best interests of the child or children during the course of the proceedings.

Impact on Custody Proceedings

As was referenced previously in this discussion, false allegations of child abuse made during New Jersey marriage dissolution cases can have a profound impact on custody issues in the proceedings. For example, untrue allegations (though not accurate) can impact temporary custody and parenting time arrangements.

Moreover, such false allegation can have long-term custody implications. What otherwise might have been custodial and parenting times orders of the court may be upended for the long-term in the absence of a full-throttle defense to false allegations of child abuse. At a minimum, the failure to combat false allegations of abuse can result in supervised parenting time protocols that can endure for an extended period of time.

Legal Remedies and Consequences

There can be some legal remedies, sanctions, and consequences to a parent who makes false allegations of child abuse during the course of a New Jersey divorce case. These consequences can include:

• Potential sanctions for false allegations made within the confines of the divorce case itself
• Civil remedies available (an independent lawsuit brought against the person who made false allegations)
• Criminal penalties for false reporting
• Modification of custody agreements

Again, if you face these types of false allegations of child abuse, you must be as proactive and diligent as possible in mounting a strong defense. Your future relationship with your child or children depends on this type of strong response. If you have questions concerning child custody and parenting time, call the Law Offices of Peter Van Aulen today at (201) 845-7400 for a free consultation.