How to Protect Your Rights in a Child Custody Dispute & If You Are Falsely Accused of a Crime
If you’re facing a child custody dispute and simultaneously dealing with false accusations of a crime (like theft or harassment), it’s critical to understand your rights and take specific steps to protect yourself both legally and personally.
Protecting Your Rights in a Child Custody Dispute:
- Know Your Parental Rights: You have the right to seek custody or visitation unless a court determines it’s not in the child’s best interest.
- Document Your Involvement: Keep records of your time spent with your child, your involvement in their care, and any communication with the other parent.
- Follow Court Orders: Always comply with existing custody or visitation orders to avoid giving the other side grounds to question your fitness.
- Avoid Negative Behavior: Don’t disparage the other parent in front of your child or in court. Stay respectful and focused on the child’s well-being.
- Hire a Family Law Attorney: Get legal advice tailored to custody laws in your area to build a strong case based on your relationship with your child.
- Address False Allegations Quickly: If false accusations arise during custody disputes, deal with them immediately to protect your parental rights.
If You Are Falsely Accused of a Crime:
- Understand Your Rights: You have the right to remain silent and the right to an attorney. Don’t talk to police or anyone about the case without a lawyer.
- Contact a Criminal Defense Lawyer Immediately: An experienced attorney will help you respond properly and build a defense.
- Gather Evidence: Collect proof that supports your innocence—texts, emails, receipts, alibis, witness statements, or video footage.
- Avoid Contact with the Accuser: Don’t confront or communicate with the person making accusations to avoid misunderstandings or escalation.
- Request Access to Evidence: Your lawyer can obtain all evidence the prosecution has to challenge its accuracy or completeness.
- Build Your Defense: Common defenses include mistaken identity, alibi, lack of evidence, or showing the accuser has a motive to lie.
- Stay Calm and Composed: False accusations are stressful but remain calm, follow your lawyer’s guidance, and avoid public statements.
- Attend All Legal Proceedings: Be present and punctual at all hearings and court dates.