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Talmud Law, PLLC The Law Offices of Rebecca J. Talmud

How to handle false allegations in a child custody case

On Behalf of | May 13, 2025 | Divorce

A heated custody dispute can lead to a handful of allegations being levied against your character and your parenting abilities. You have to be able to deflect these assertions to a certain extent if you want to ensure that you obtain a final resolution that’s based on fact and that supports your child’s best interests. But figuring out the best way to combat false allegations can be difficult, especially when you’re hit on all sides by the other parent.

But the worst thing you can do in this situation is sit back and merely hope that the court can see through the lies. After all, the court might take the other parent at their word unless contradictory evidence is presented. So, in this post we’re going to give you some tips for how to counter false allegations. We encourage you to act on those that you find relevant to your set of circumstances, that way you can take control of your child custody dispute and aggressively advocate for the outcome that’s best for your kid.

How to combat false accusations in a child custody dispute

If you think that the other parent in your custody case is making false claims against you, then you need to be proactive in countering their assertions. Here are some steps you can take to do so and that may be effective in your child custody case:

  • Don’t allow a knee-jerk reaction: When you’re hit with lies about your character and parenting abilities, it can be easy to lash out at the other parent with personal attacks. But this could end up working against you, as the judge in your case may see you as being overly defensive or vindictive. So, before you respond to what the other parent says, slow down, take a deep breath and strategize.
  • Get organized: Before you can effectively counter the assertions made by the other parent, you need access to relevant documentation that support your position. So, be sure to gather education and medical records, as well as any written communications that you’ve previously had with the other parent that might contradict what they’re saying now.
  • Seek a mental health assessment: If you suspect that the other parent’s assertions are driven by some sort of mental health condition, then something like a psychological evaluation may be insightful into the situation. The other parent probably isn’t going to willingly submit to one of these evaluations, though, so you’ll have to be armed with compelling evidence as to why the court should consider ordering the other parent’s participation.
  • Consider a custody evaluation: You can also request that the court order a child custody evaluation. Here, a neutral third-party interviews the parents and the child, observes parenting time, speaks to other witnesses and reviews relevant records to determine what sort of custody arrangement is best for the child. A final written report with that recommendation is submitted to the court once the evaluation is complete.
  • Find contradictory evidence: If you can find evidence that contradicts the other parent’s assertions, whether that be from other witnesses’ testimony or documentation, then you can discredit their claims and increase the chances that the court will view their accusations for the lies that they are.

Fight to protect your child’s best interests in your child custody case

There’s a lot at stake in your child custody case. If you allow the court to make a decision that’s based on false information, then you could wind up with an order that negatively impacts the relationship you have with your child and that puts your child’s well-being at risk. So, carefully think through how you can develop and present a compelling custody case that derails any false information being provided to the court.