judge slamming gavelThis is the next article in my series on how domestic violence can influence Las Vegas, Nevada child custody cases. My last article discussed how to overcome the presumption against joint custody which occurs when a party is found to have engaged in violent behavior. It is important that you retain an attorney to assist you in such matters as the type of evidence needed to overcome this presumption will vary from situation to situation. In this article I will address another topic which frequently arises – the effect that false accusations have in such matters. If you require assistance then call our office today to speak with a lawyer.

Nevada parents sometimes make false domestic violence allegations in a child custody case

An unfortunate truth is the fact that few legal issues are based on false claims as are allegations of domestic violence. Nevada parents somewhat frequently fabricate such claims out of a belief that it will give them some type of advantage in subsequent family law proceedings. Those making these claims will sometimes go as far as to report a false incident to law enforcement. Others may file an affidavit with the Court claiming that they have been the victim of domestic violence and stating that they never informed the police of the incident. It is understandable that an accused party may not take the claim seriously as they know it is not true. If the Court believes the allegation, however, then such a parent’s time with their child may be restricted. It is, therefore, crucial that any such allegations be taken seriously.

If a parent is falsely accused of domestic violence then there are several forms of evidence which the Family Court will consider when determining whether the event occurred. First, if no claim was made to law enforcement the Court will be more suspicious of the claim. Furthermore, it is common for a party who makes such claims to have engaged in behavior which is inconsistent with the allegations. An example of this can include a party who claims that violence occurred several weeks ago but regular text communication between the parties since then appears normal. In extreme instances a party may claim that they were assaulted in their home at a certain time, but the other party has an alibi establishing that they were actually somewhere else. The type of evidence which one will want to present in the Court for such situations will depend on the nature of the allegations.

Las Vegas parents can change child custody in their favor after being falsely accused of domestic violence

If a parent has been falsely accused of domestic violence then they may be able to change child custody in their favor. One of the factors the Court considers when awarding child custody is the steps a parent takes to ensure that their counterpart has a good relationship with the child. It goes without saying that making up false allegations, in an effort to gain custody, is the exact opposite of fostering a relationship between your counterpart and the child. If a parent has been the subject of such allegations they may file a Motion to modify custody. If the evidence shows that the best interests of the child would be served by the change then the Court will make the modification.

If you are involved in a family law dispute then contact a Las Vegas child custody lawyer today for assistance. My office practices in no other area besides domestic relations law. We are experienced in handling matters which involve false accusations and we look forward to speaking with you. Contact us online or by telephone to schedule an initial consultation.