Child custody disputes can be emotionally challenging for all parties involved. At times, it can even lead to one parent falsely accusing another of assault. While legitimate assault charges may protect a child and the affected parent once proven, false accusations can backfire on the spouse who made such claims.
Loss of credibility in court
Arkansas family courts have the discretion to evaluate the honesty of involved parents. If the court finds the accusations to be false, they may view the accusing parent as unreliable. In addition, they may consider the act of fabricating abuse claims against another parent as an extreme form of parental alienation.
The willful creation of conflict rule
Arkansas family courts usually prefer that parents get joint custody. However, they can deny custody to a parent who purposely creates conflict or tries to damage the child’s relationship with the other parent.
Revision of child custody arrangement
The court sees willful creation of conflicts as an act of emotional harm towards the child. This may lead the accusing parent to be declared unfit due to their poor parental choices. Depending on the circumstances, the court may consider modifying custody or parenting arrangements if it finds that a parent’s conduct is not in the child’s best interests.
Court penalties on the accusing parent
Lying under oath can put the guilty parent under investigation by the Department of Human Services (DHS). The court may also find the willful creation of conflict as contempt of court, which can lead to loss of custody and monetary fines. In addition, the guilty parent can incur an official record of child maltreatment, perjury charges and criminal penalties based on the severity of accusation.
Preparing for the court trials
Weaponizing the law against another parent can create a bad impression in court. If your spouse tries to fabricate abuse allegations against you, it may help to consult a family law attorney for insights on clearing your name and strengthening your case.
