This is the next post in my series on proving parental drug use in custody related matters. My last article discussed changing child custody after a parent’s drug-related arrest. It is important to understand that how the Court will react, in such situations, is fact specific and no two matters are the same. An experienced attorney can assist you with understanding how a Judge may proceed in your situation. In this article I will discuss the possible ramifications of making false accusations against another parent. If you are in need of assistance then contact my office today to speak with a family law lawyer.
False accusations can lead to a Family Court Judge changing child custody
Making false accusations against another parent can result in a Clark County Family Court Judge changing custody in favor of the other parent. It must be remembered that the Court will change custody when there has been a change of circumstances and a modification is in the best interest of the child. The making of false allegations may very well constitute sufficiently changed circumstances for the Court to consider a modification. One of the factors the Court will consider, in regard to what is in the best interest of the child, is the willingness of a parent to foster a relationship between their counterpart and the child. For obvious reasons, making false claims about the other parent is the opposite of attempting to foster a relationship. The Court, therefore, may be willing to change custody in such situations.
The foregoing is best explained by way of example. Suppose Jill Mother files a false police report claiming that she has seen heroin in Jack Father’s car and around his apartment. She also claims that she believes he is selling narcotics. The police investigate and determine the claim is fabricated, as part of an effort by Jill to gain custody of their child. Under this scenario, The Court may change child custody in favor of Jack, as Jill has gone so far as to attempt to have Jack incarcerated. If such a change is in the best interest of the child, then the Court may move forward with a change. How the Court will rule in any given situation, however, will always depend on the specifics of the case.
Las Vegas Judges will weigh a variety of factors when determining what is in the best interest of a child
It must be understood that the Courts will weigh a variety of factors when determining what is in the best interest of a child. These include the needs of the child, the health and well-being of each parent, the ability of each parent to meet the child’s needs, and more. Whether a false accusation will warrant a change of custody will depend on the nature of the claims and the broader context of the case. The more mild the accusation, then the more the Court will look to other factors when making its decision. The more extreme the false claim is, then the more likely the Court will be to take some form of action. The best way to determine how the Court may rule in your given circumstance is to discuss your situation with an attorney.
If you or a family member are in need of assistance then contact my office today to speak with a Las Vegas child custody lawyer. My office practices solely in the area of family law and we pride ourselves on providing the highest level of representation. Contact my office online or by telephone today to schedule an appointment.