If you are falsely accused of a crime, such as theft or harassment, during a divorce, it's crucial to understand both your rights in the criminal case and how it may impact your custody rights. Here's a breakdown of how you can protect yourself:
1. Know Your Custody Rights During Divorce
- Best Interests of the Child: Custody decisions are primarily based on the best interests of the child. Courts will assess various factors, such as the child's safety, emotional needs, and relationship with each parent.
- Right to Custody: As a parent, you have a right to seek custody of your child. However, this right may be impacted if there are criminal accusations that suggest you pose a danger to your child’s well-being.
- Temporary Orders: If you are arrested, a judge may issue temporary custody orders. Even if you are falsely accused, these orders may affect your ability to have custody or visitation rights temporarily.
- Visitation Rights: If you are not awarded full custody, you may still have visitation rights unless the accusations are severe enough to warrant supervised visitation or no visitation at all.
2. What to Do if Falsely Accused During Divorce
- Consult an Attorney Immediately: A criminal defense attorney and a family law attorney should be involved. They will help you navigate the criminal case while protecting your rights in the divorce and custody proceedings.
- Gather Evidence of Your Innocence: Collect any evidence that refutes the false accusations. This could include alibi evidence, communications, or witnesses who can testify to your character and actions.
- Challenge the Accusations in Court: Your lawyer will be able to present your defense in criminal court and also challenge the accusations in family court, arguing that these claims are false and should not affect your custody rights.
- Avoid Publicly Discussing the Case: Do not discuss the accusations with others or on social media. The opposing party might use your statements against you in custody hearings.
- Maintain a Stable Environment for Your Child: Demonstrate your ability to provide a stable and supportive environment for your child, even while facing the accusations. Courts look at the parent's ability to be a positive influence in the child's life.
3. Possible Defenses in a Criminal Case During a Divorce
- False Accusations: If the allegations are fabricated to harm you during the divorce, you can argue that the accusations are made with malicious intent.
- Mistaken Identity: If the accusations stem from a misunderstanding or mistake, this can be used as a defense in your criminal case.
- Lack of Evidence: If there is no concrete evidence linking you to the crime, your attorney can argue that the case should be dismissed due to insufficient proof.
- Alibi or Inconsistent Statements: If you can prove you were not at the scene of the alleged crime, or the accuser has made inconsistent statements, this can weaken their case.
4. Custody Implications of False Allegations
- Temporary Custody Orders: If the accusations are severe, the court might issue a temporary restraining order or change custody arrangements. However, if you are later exonerated, you can petition the court to restore custody or visitation.
- Supervised Visitation: In some cases, even if the accusations are false, the court may temporarily limit your visitation to supervised visits until the case is resolved.
- Impact on Custody Decisions: If the accusations are proven to be false, this could help you strengthen your custody case. However, it’s essential to show that the allegations do not affect your ability to provide care and support for your child.
5. What You Should Do in Family Court
- Present Evidence of Good Character: Show the court that you have a positive relationship with your child and have been a responsible and loving parent.
- Challenge False Allegations: Your attorney will work to demonstrate that the accusations are unfounded and will not negatively impact your ability to care for your child.
- Request Modifications if Necessary: If temporary custody orders are affecting your ability to see your child, you can request a modification once the criminal case is resolved or the allegations are disproven.
6. Additional Tips
- Keep Communication Open with Your Attorney: Work closely with both your criminal defense attorney and your family law attorney to ensure that your interests in both the criminal and divorce cases are protected.
- Document Everything: Keep detailed records of any communication with your spouse, accusations, or incidents related to the case. This information could be crucial in defending yourself.
