Published by Ben Beveridge | December 3, 2023 | Firm News

At The Beveridge Law Firm, PLLC, we recognize the profound impact that dishonesty can have on child custody cases. Dealing with false accusations and lies during custody disputes is unfortunately not uncommon. In this blog post, we shed light on what happens when a parent lies in a custody case, exploring both the legal ramifications and the best strategies to protect your rights as a non-custodial parent.

Understanding the Consequences of Parental Lies in Custody Cases

Parents may resort to untruthfulness in custody cases to gain an advantage over the other parent, making false accusations or providing misleading information on the witness stand. Such deceit can significantly influence the outcome of a custody case, potentially jeopardizing your ability to maintain a relationship with your children.

It’s natural to desire consequences for a dishonest co-parent, especially when their actions have tangible effects on your custody rights. However, the legal system may not always provide the satisfaction of significant penalties. While the dishonest parent may face repercussions within the custody case itself, criminal charges, such as perjury, are rarely filed.

Legal Complexities of Perjury Charges in Custody Cases

In most instances, family court judges lack the authority to bring criminal charges like perjury against a parent. The initiation of perjury charges typically falls under the jurisdiction of a district attorney. Proving perjury in family court can be challenging, requiring evidence that a statement was factually false and made with the intent to deceive.

Moreover, family court proceedings often lack court reporters, making it difficult to establish a definitive record of statements. This absence of a recorded testimony complicates the process of pursuing perjury charges. Despite the potential impact of lies on custody proceedings, criminal consequences are infrequently realized.

Child Custody Considerations in the Face of Dishonesty

Although criminal charges are rare, a parent’s dishonesty can still influence child custody decisions. Family court judges have the authority to consider a parent’s untruthfulness when determining custody matters. For example, if one parent’s deceit is evident in a dispute over physical custody, the judge may weigh this factor when awarding custody to the other parent.

In addition to influencing custody decisions, a court may impose sanctions on the dishonest parent during the custody proceedings. If the lies result in additional legal expenses for the other parent, the judge may order the dishonest parent to cover those costs. False domestic abuse allegations, if proven to be lies, could even lead to prosecution for filing a false police report.

Strategies for Non-Custodial Parents: Gathering Evidence and Seeking Legal Counsel

When faced with a dishonest co-parent, the most effective course of action is to focus on presenting evidence that supports your version of events. Save any documentation, such as texts or emails, that can disprove false allegations. In family law cases, where credibility often plays a pivotal role, thorough documentation becomes crucial.

The Beveridge Law Firm, PLLC, recommends vigilance in documenting events, especially when child abuse or domestic violence allegations are involved. It’s essential to be proactive in gathering evidence with timestamps to substantiate your claims. If a lie comes to light after court proceedings, consulting with an experienced child custody attorney is advisable. Seeking legal guidance to explore options for reopening the custody case based on new evidence is a strategic move.

Navigating Complexities with The Beveridge Law Firm, PLLC

At The Beveridge Law Firm, PLLC, we understand the emotional and legal challenges associated with custody disputes involving dishonesty. Led by founder and owner Ben Beveridge, our firm is dedicated to providing non-custodial parents, particularly fathers and husbands, with effective legal representation.

If you find yourself entangled in a child custody case marred by dishonesty, contact The Beveridge Law Firm, PLLC, at 281-407-0961 or submit your information here. Our team is ready to assist you in navigating the complexities of custody disputes, prioritizing the best interests of your children. Trust The Beveridge Law Firm, PLLC, to advocate for your parental rights and guide you through the legal intricacies of family court.