When it comes to establishing child custody, this is a particularly emotional facet of family law and some cases are very complex. For example, a child who has a mental illness or serious disability often has unique needs that require consideration during the custody process. Moreover, some custody cases are very complicated as a result of physical, sexual or verbal abuse as well as the fear of injury.
Whether you are falsely accused of abuse and your custody rights are on the line or you have concerns about your child’s well-being, handle these issues carefully and understand what is at stake.
Protecting your child from abuse
According to the Commonwealth of Massachusetts, courts examine evidence of child abuse when making custody decisions. In fact, the fear of serious injury constitutes abuse and plays a key role in how custody is awarded. If a parent has a track record of serious abuse, and it is clearly not in a child’s best interests for them to have custody rights, you need to protect your child. Sadly, some abuse is swept under the rug and children are subjected to various forms of mistreatment.
False allegations of abuse and custody
Parents who are wrongly accused of abusing a child have the ability to defend themselves and present evidence proving that they are innocent. These are serious allegations that play a key role in a parent’s ability to have custody or even visitation rights. Unfortunately, some people are falsely accused of abuse by a bitter ex and they are never able to spend time with their child because they were unsuccessful in their attempts to reveal the truth in court.