If you are going through a divorce and facing false criminal accusations (like theft or harassment), it’s important to understand that both child custody decisions and criminal defense are separate but critical legal matters. Here’s how they work and what steps you should take:
1. How Child Custody is Decided During a Divorce
Child custody is determined based on the best interests of the child. Courts consider several factors, including:
- The child’s emotional, physical, and educational needs.
- Each parent's ability to provide a safe, stable, and nurturing environment.
- The relationship between the child and each parent.
- Any history of domestic violence, substance abuse, or criminal activity.
- In some cases, the child's own wishes (especially if they are older).
There are two main types of custody:
- Legal Custody: The right to make major decisions about the child's life (education, healthcare, etc.).
- Physical Custody: Where the child will live day-to-day.
Custody can be:
- Joint (shared between parents) or
- Sole (granted to one parent with visitation rights for the other).
Note: False criminal accusations against you could affect custody if the court believes they reflect badly on your ability to provide a safe environment. Therefore, clearing your name is crucial.
2. What to Do If Falsely Accused of a Crime During Divorce
Facing a false criminal accusation during divorce proceedings can be extremely serious. Here's how to protect yourself:
a. Hire a Skilled Defense Attorney and Family Law Attorney
- Work with a criminal defense lawyer to fight the false charges.
- Also retain a family law attorney to advocate for your custody rights.
b. Demand Evidence
- The accuser must provide real, credible evidence.
- Without proof, the accusations are weak and can be challenged.
c. Gather Your Own Evidence
- Save messages, emails, GPS records, surveillance footage, witness statements, or anything that supports your innocence.
- If you have a strong relationship with the child and can prove your good parenting history, gather those records too (school reports, childcare records, etc.).
d. Challenge False Allegations Aggressively
- Your lawyer can file motions to dismiss false criminal charges.
- In family court, your attorney can demonstrate that the accusations are baseless and do not impact your parenting capability.
e. Prepare a Strong Custody Case
- Document your involvement in the child's life (e.g., activities, school involvement, healthcare decisions).
- Be proactive: request parenting evaluations if necessary to prove your fitness.
3. Possible Defenses in a False Criminal Case
- Lack of Evidence: Pointing out the absence of solid proof.
- Alibi: Proving you were not at the scene when the alleged crime occurred.
- Mistaken Identity: Showing that the accuser may have wrongly identified you.
- Fabrication: Demonstrating that the accuser has motives (like revenge or custody advantage) for lying.
Important Reminder:
➡️ False accusations are unfortunately common during heated divorces.
➡️ Custody battles and criminal defense must be handled simultaneously but carefully to protect both your freedom and your relationship with your child.
