There is always the potential for dishonesty during custody battles in Georgia. Many parents will do whatever they can to keep possession of their children, and that includes dishonesty. What can you do if you face lies and false allegations during custody proceedings? Will your ex face consequences for this misconduct? How do you expose these lies? These are questions you might want to ask an experienced child custody attorney in Georgia.
The Burden of Proof During Child Custody Proceedings
In the United States, the burden of proof lies with the accuser. In other words, your ex must back up their allegations with proof, especially if they are accusing you of wrongdoing. If they cannot show a “preponderance of evidence,” then the court will assume that their allegations are not true. A preponderance of evidence establishes that something is “more likely true than not.”
If they attempt to accuse you of something and fail to show compelling evidence, they may not face any consequences. However, they will likely face penalties if it becomes clear that they were lying.
The Consequences of Parental Alienation
Lies during custody proceedings may also lead to something called “parental alienation.” As the name suggests, this happens when one parent “alienates” the child from the other parent. Courts take this misconduct very seriously, and parents can expect severe penalties for sabotaging existing family relationships.
For example, one parent might tell the child that their ex caused the divorce. They might also tell the child not to trust the other parent, and that this parent is a bad person. If courts find out about this, they will likely punish the guilty parent by awarding them limited custody or visitation rights.
Contempt of Court
If your custody battle goes to trial, each parent might make sworn statements. If either parent lies during these statements, they may be “held in contempt of court.” This is a legitimate offense in Georgia, and it can even lead to incarceration under certain circumstances. That being said, the most common consequence of lying under oath is the total loss of trust that this inspires. After a parent is caught lying once, the court will not trust anything else they say.
How Can I Fight False Allegations During Custody Battles?
Although the “preponderance of evidence” threshold provides some degree of security against false allegations, you might want to adopt a more active defense strategy. For example, you might decide to present an alibi that proves you did not commit the misconduct in question. You might also point to cellphone records, eyewitness statements, video footage, and other evidence to back up your claims.
Can a Child Custody Lawyer in Georgia Help Me?
If your ex is telling lies and making false allegations during your child custody proceedings, speak with an experienced family law attorney in Georgia. These legal professionals may be able to help you expose your ex’s misconduct, and they may face serious consequences for their actions. To learn more about the next potential steps, contact Lankford & Moore Law today.
