How Making False Statements Can Impact Child Custody

How Making False Statements Can Impact Child Custody

Going through a divorce and figuring out child custody arrangements can be an incredibly stressful and emotional time. Both parents naturally want what is best for their children, but tensions are often high and accusations can start flying in the heat of the moment. While it’s understandable that parents want to fight for their rights, making false or misleading statements about the other parent can end up backfiring in the long run.

In this article, we’ll break down how making false statements – whether intentionally or unintentionally – could impact your child custody case. We’ll also provide some tips on how to avoid making accusations that could undermine your credibility.

How False Statements Can Hurt Your Custody Case

During a child custody battle, any false or misleading statements you make could potentially be used against you in several ways:

• Damaging your credibility – If you are caught making false claims about the other parent, it will make the judge question everything else you say. Even if you have legitimate concerns, they may not be believed.
• Giving the other parent ammunition – Your ex can point to any lies or exaggerations as evidence that you are an unreliable narrator. This helps them dispute other accusations you’ve made.
• Portraying parental alienation – Parental alienation is when one parent tries to undermine or damage the relationship between the child and other parent. False statements designed to make the other parent look bad could be seen as alienation.
• Appearing vindictive or spiteful – In general, making false accusations reflects poorly on your motivations. You run the risk of seeming bitter, vindictive, or spiteful rather than having the child’s best interests in mind.

In all of these examples, false statements end up weakening your position. You give the other parent ways to discredit you and cast doubt on your motivations. This makes it much harder for the judge to trust what you have to say.

How Different Types of False Statements May Be Viewed

Not all false statements necessarily carry the same weight. Some types of misleading claims are seen as more damaging than others:

• Direct lies – Knowingly saying something false about the other parent that you know to be untrue. Example: “He has a drug problem.” This will greatly hurt your credibility if proven false.
• Exaggerations – Stretching the truth or making mountains out of molehills. Example: “She’s always leaving the kids home alone.” When it only happened once. Still dishonest.
• Mischaracterizations – Framing things in an unfairly negative light. Example: “He abandoned the kids by taking a new job.” When he only took the job to better provide for them.
• Rumors or hearsay – Making claims you can’t personally confirm to be true. Example: “I heard she’s dating some shady guy.” If you have no proof, best not to bring it up.

In general, direct lies are viewed as the most egregious, since they demonstrate intentional dishonesty. But exaggerations and mischaracterizations can also demonstrate a lack of integrity to the court. Spreading rumors you can’t substantiate makes you seem unreliable. It’s best to stick to only what you know firsthand.

How to Avoid False Statements

The stakes are high in a custody battle, but avoid making statements against the other parent that could do more harm than good. Here are some tips:

• Pause and reflect before speaking – Don’t let your emotions cause you to say something you’ll regret. Take a breath and consider your words.
• Stick to facts – Focus on objective facts about logistics, routines, etc. Don’t speculate on motivations or make assumptions.
• Avoid exaggerations – Resist the urge to exaggerate small issues just to prove your point. Stick to the real and significant concerns.
• Say “I feel” not “they did” – Talk about how situations make you feel vs. blaming the other parent’s intentions. Example: “I feel neglected when they don’t call” rather than “they are neglectful.”
• Don’t repeat rumors – Do not bring up anything about the other parent you are not 100% sure is true. Stick to what you know and have evidence for.
• Consult your lawyer – Run any accusations or concerns by your attorney first to make sure they are relevant and you have sufficient evidence.

Being thoughtful about what you say can go a long way. You want to be honest but also strategic. Making false or exaggerated claims usually hurts your case more than it helps.

What Happens When False Statements Are Made?

If you do end up making questionable accusations against the other parent, here’s what may happen:

• The other parent can contest or rebut what you said, providing evidence that you were untruthful.
• The judge may interrogate you about discrepancies and question your honesty.
• You may have to publicly retract or apologize for incorrect statements.
• Your overall credibility will be damaged, making it hard to prove other claims.
• The judge may appoint a guardian ad litem to investigate the truth of your allegations.
• In serious cases, you could be charged with perjury or held in contempt of court for lying.

Once you are caught making false statements, it becomes an uphill battle to prove any of your claims. The judge will doubt everything you say going forward. Be very cautious with accusations to avoid this fate.

When False Statements Cross the Line into Parental Alienation

One specific way false statements can backfire is if they are extreme enough to be considered parental alienation. Parental alienation refers to when one parent engages in behaviors designed to damage or undermine the relationship between the child and other parent. This can include:

• Making excessive false accusations about the other parent’s morality, dangerousness, etc.
• Repeatedly telling the child the other parent doesn’t love them or want them.
• Severely limiting contact with the other parent by disregarding custody orders.
• Consistently belittling or criticizing the other parent to the child.

Parental alienation is a form of emotional abuse against the child. In custody cases, judges take it very seriously. If the judge feels one parent is engaging in alienation behaviors, they will likely award primary custody to the targeted parent. It could be very damaging to your case if your false statements are severe enough to be labeled as alienation.

When False Accusations Become Defamation

In rare instances, false statements about the other parent could stray from just impacting your custody case and become actual defamation under the law. Defamation refers to making false statements that damage someone’s reputation or livelihood. Examples could include:

• Posting public social media posts accusing the other parent of crimes or misconduct without proof.
• Sending emails to the other parent’s employer making damaging claims about them.
• Putting up flyers in the neighborhood with false allegations about the other parent’s behavior or character.

If your false statements cause real harm to the other parent, like losing their job or facing public humiliation, you could potentially be sued for defamation. It is best to avoid any public statements about the other parent during a custody battle.

How to Recover If You’ve Made False Statements

If you realize you have made incorrect or exaggerated claims against the other parent, don’t panic. Here are some steps to try to recover the situation:

• Consult your attorney about potential next steps.
• Consider retracting incorrect statements and acknowledging any exaggerations.
• Apologize to the judge and other parent for any dishonesty.
• Provide evidence you do support the child having a relationship with the other parent.
• Suggest steps like counseling to rebuild trust with the court and other parent.
• Move forward by sticking to just the facts and objective concerns about custody arrangements.

While false statements can’t be fully erased, taking accountability and being cooperative can help demonstrate you are willing to put your child first. With time, you may be able to rebuild credibility.

Get Legal Guidance About Your Custody Case

Custody battles often bring out intense emotions in parents. But making false or exaggerated claims usually does more harm than good for your case. Lean on your legal counsel when considering what assertions to make. They can advise you on the best approach to gain custody based on the truth.

Most importantly, remember that the priority should be your child’s well-being. Keeping that goal in mind over being right or winning can help you make wise choices about what statements to make. With a cool head and good advice, you can get through this challenging process.

Key Takeaways

• False statements damage your credibility and give the other parent ammunition against you.
• Direct lies are viewed as worse than exaggerations or mischaracterizations.
• Stick to facts you know firsthand and avoid repeating rumors.
• If caught lying, you’ll have to backpedal and may lose credibility long-term.
• Extreme false claims could be seen as parental alienation or defamation.
• Consult your lawyer before making any accusations to consider if they help or hurt your case.

Sources:

https://www.findlaw.com/family/child-custody/parental-alienation-syndrome.html

https://www.verywellfamily.com/false-accusations-and-custody-battles-2997832

https://www.nolo.com/legal-encyclopedia/defamation-law-made-simple-29718.html