Relationships Violence and Abuse Help for Parents Wrongly Accused of Child Abuse By Jennifer Wolf twitter linkedin Jennifer Wolf is a PCI Certified Parent Coach and a strong advocate for single moms and dads. Learn about our editorial process Jennifer Wolf Medically reviewed by Medically reviewed by Carly Snyder, MD on May 06, 2020 facebook twitter linkedin Carly Snyder, MD is a reproductive and perinatal psychiatrist who combines traditional psychiatry with integrative medicine-based treatments. Learn about our Review Board Carly Snyder, MD on May 06, 2020 Print SemiCharmedLife-DLF/Moment/Getty Images Unfortunately, accusations like child abuse happen quite often. Particularly in high-conflict custody battles, tempers can escalate quickly and both parties are bound to feel the strain. In some situations, one parent may be tempted to believe that accusing the other parent of child abuse will increase their own chances of winning child custody. But it's a flawed strategy. It’s true that judges err on the side of caution when it comes to children’s safety. However, judges do not favor limiting parental rights unless it's absolutely necessary—and they're well aware that false accusations are made often. As a result, any and all claims of abuse will be thoroughly investigated by the court. Moreover, if a judge determines that a parent has made a false allegation in an attempt to influence a child custody decision, they may order the accusing parent to pay court costs to the other parent—and even modify the custody arrangement in favor of the accused. So even though plenty of parents try it, making false allegations in an attempt to win child custody rarely pays off. Investigation of Child Abuse Allegations In cases of alleged abuse, the judge will thoroughly investigate each claim before awarding custody or visitation. This often leads to time-consuming and expensive examinations by medical and mental health experts, which can be especially burdensome for children. Family protective services, at the order of the judge, may also become involved in the investigation. This can become quite intrusive. For example, child protective services staff questions people close to you about your behavior and your parenting. If You've Been Falsely Accused of Child Abuse Comply with the investigation and be as cooperative as possible. Gather relevant evidence to support your case. This may include statements by family members, co-workers, friends, or neighbors—anyone who can vouch that you are a loving parent and would never harm your children. While it may turn into a game of "he said, she said," having the support of others will help the judge see that you are not abusive. Let the people closest to you know what is going on and encourage them to speak openly and honestly about your parenting abilities when interviewed by child protective services or court personnel. Your supporters can also provide written statements to the court regarding your abilities as a parent. Simply having people who can state that they never saw you mistreat or threaten your children will help your case. If no evidence of abuse is discovered, the investigation will be closed and the court will officially determine that either no abuse took place or it cannot be confirmed. Denial of Visitation or Custody While judges do not want to take children away from their parents, they err on the side of caution when it comes to any type of domestic abuse and child custody. The proper course of action will depend on the nature of the allegations and a number of other factors. Typically, a judge may suspend the accused parent’s right to visitation and/or custody pending an investigation. When that investigation fails to uncover evidence of abuse, the accused parent’s rights will be reinstated. In addition, if the judge determines that the accusation was unfounded, they may order the accusing parent to pay court costs, including attorney’s fees, to the other parent. However, any time that you're accused of child abuse, you should consult with an attorney experienced in handling similar cases. Particularly if an investigation does not clear your name, you'll want to work with a family law attorney who can help you gather additional evidence, build a case for appeal, and advocate on your behalf—so that the truth can be fully revealed and your parental rights can be reinstated. Was this page helpful? Thanks for your feedback! Learn the best ways to manage stress and negativity in your life. Sign Up You're in! Thank you, {{form.email}}, for signing up. There was an error. Please try again. What are your concerns? Other Inaccurate Hard to Understand Submit Article Sources Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial process to learn more about how we fact-check and keep our content accurate, reliable, and trustworthy. Murray LK, Nguyen A, Cohen JA. Child sexual abuse. Child Adolesc Psychiatr Clin N Am. 2014;23(2):321-37. doi:10.1016/j.chc.2014.01.003 Sheehan E. Using Rule 11 sanctions to punish accusers who make false allegations of child sexual abuse in custody and divorce cases. Fam Court Rev. 2019;57(1):121-135. doi:10.1111/fcre.12400