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Why shouldn't I file false allegations to help my custody case?

If you are in the middle of a divorce, there is a very strong likelihood that you'll consider things you wouldn't otherwise do. When it comes to custody disputes, many parents allow the emotional burden of possibly losing some of their relationship and input with their children to move their ethical boundaries. If you are considering make false or exaggerated allegations of misconduct against your spouse for leverage, you should seriously reconsider and consult with an experienced attorney.

You are not the first, and will certainly not be the last, person to have this seemingly good idea. The broad strokes make it seem obvious — maybe even if your spouse didn't commit this abuse or misconduct, he or she still deserves it, right? And ultimately, maintaining your children's custody is the most important thing, so it must be a reasonable personal concession.

The reality of the matter is that making false allegations is playing with fire. Outside of the legal reasons to not do this, it is not the person that you truly want to be, and not the parent you want to be. Even if you succeed, your children will probably realize your lie sooner or later, which will undermine your relationships with them in the long-term, and possibly pit them against you.

Furthermore, false allegations are illegal. If a judge finds that you made false allegations, it will almost certainly tip the scales against you in a custody hearing and ultimately leave you with far fewer privileges than you might have retained otherwise.

Custody disputes are always a great of strain, and you do not have to walk through them alone. With proper guidance from an experienced attorney, you can pursue an aggressive, effective strategy to achieve a custody arrangement that represents both your rights as a parent and the best interests of the children you love.

Source: findlaw, "Do's and Don'ts: False Allegations of Child Abuse," accessed May 19, 2017

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Weinman & Associates, P.C.
8200 North MoPac Expressway
Suite 230
Austin, TX 78759

Phone: 512-472-4040
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