Brian D. Perskin & Associates

False Allegations Against Your Ex-Spouse Could Cost You

Recently, a divorced father accused his ex-wife of abusing their 12-year-old son. It turned out the allegations were false, so the mother was vindicated while the father was punished by the court. Cases like this one serve as a reminder that seeking vengeance during divorce is not a good way to get the results you want.

In fact, doing so can result in your child custody or visitation rights being taken away. The father in this case now has very little visitation of the child. It was reduced to less than 1 percent of what he previously had, and he no longer has overnight visitation rights with the child. This is because his false allegations, along with evidence that he emotionally abused his son, is proof that he is still angry and even hostile after the divorce.

The situation is not beneficial for the boy, which is likely why the court took away the visitation rights. The father will also have to pay the legal fees of his ex-wife since his false accusations forced her to take the case to court. Now that the mother of the boy's legal nightmare is over, she can rest assured that she does not have to pay for the trial, and she also gets full custody of her son.

This case shows that trying to get back at your ex with false accusations is not a good move. Not only will you likely end up paying for all legal fees, but it could backfire, since you will likely lose any custody or visitation you have. You will also lose your credibility with the court in general, and you may be considered unfit to be around your children without supervision. Overall, false accusations are not tolerated by the court, so if you are going to accuse your ex of wrongdoing, make sure you have proof to back it up.

Of course, if you suspect that your ex is abusing or neglecting your children in any way, you should speak up. The issue will be investigated by the court, and if it turns out your ex is in fact abusive or neglectful, you will likely get full custody. As long as you have some evidence that your children are being hurt, you are unlikely to be punished for your accusations. The court is simply set up to avoid allowing malicious ex-spouses to harm each other's reputation.

If you simply want full custody and do not think your ex deserves partial custody or even any visitation with the children, talk to a New York divorce lawyer to find out what you can do. We at Brian D. Perskin & Associates P.C. have handled numerous cases involving child custody, with successful outcomes for many of our clients. We can often find ways to get one parent full custody when it is clear that this kind of arrangement is in the best interests of the children. If you need our help, call us today to start your case.