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What Should I Do If I am Facing False Child Abuse Accusations?

 Posted on February 05, 2021 in Child Custody

Wheaton family law attorneyChild custody cases are often some of the most contentious family law disputes. When it comes to children, emotions typically run high. Parents may do or say nearly anything to get the child custody outcome they want. Sadly, it is often the children themselves that are most damaged in a combative child custody case. If your child’s other parent has accused you of abusing your child in an attempt to sway the outcome of your child custody dispute, it is crucial that you take steps now to protect your rights as well as the rights of your child.

Speak with a Lawyer Who is Experienced in Child Custody Disputes

Illinois courts always make child custody decisions based on what is in the child’s best interests. Being accused of child abuse or domestic violence can have a dramatic impact on your child custody case. If your child’s other parent has brought unfounded allegations of abuse against you, there are several things that you should do immediately. First, speak with a family law attorney who has experience handling situations like these.

Your lawyer will help you take the steps needed to fight the accusations and avoid worsening your situation. Your lawyer may recommend requesting a guardian ad litem (GAL) to be assigned to your case. A GAL is a specially trained attorney who investigates the facts of a child custody case and then makes a recommendation to the judge based on his or her findings. The GAL may interview you, your child, your child’s siblings, teachers, and other caretakers. The GAL may visit your home and the home of your child’s other parent and observe child-parent interactions. The court is not required to follow the GAL’s counsel but a recommendation from a GAL will carry considerable weight.

Do Not Violate the Parenting Agreement or Any Orders of Protection Brought Against You

Being accused of something as heinous as abusing your child may understandably make you angry. However, it is crucial to remain calm. Do not confront your child’s other parent and avoid arguing with him or her about the false accusations. Remember that anything you say in a voicemail, text message, email, or other form of communication may be used against you.

It is also essential that you follow the terms of any court orders that you are subject to. If you are currently subject to a temporary child custody order or an order of protection, do not violate the terms of the order. Doing so can provide your child’s other parent with ammunition against you and may even result in criminal charges.

Contact a Wheaton, Illinois Child Custody Lawyer

If you have been accused of child abuse during your child custody dispute, you need a legal advocate on your side. At The Stogsdill Law Firm, P.C., we understand that domestic violence is a major problem throughout Illinois. We also know that not all allegations of child abuse are based in fact. Call us at 630-462-9500 for a personalized, confidential consultation with a skilled DuPage County family law attorney from our firm.




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