This is my fourth post in my series of “How Domestic Violence Impacts the Rights of Nevada Fathers.”  My last post discussed how domestic violence impacts Nevada Relocation Cases. In this post I will focus on false claims of domestic violence, which are a common occurrence and can be devastating if the Court finds in the favor of the mother.

False domestic violence claims regularly arise in Las Vegas, Nevada child custody matters

Domestic violence is only one of the factors that the Court looks at when deciding child custody and visitation, but certainly one of the most damaging. Mothers regularly make false claims of violence in an attempt to gain primary custody. False reports are often filed when a mother is preparing to file for custody. Even if police reports are not filed, a mother can record her claims in her affidavit, which then becomes a matter of public record.

Courts will look to objective evidence to determine if domestic violence ever occurred. If there are no arrests or criminal charges ever filed then it is unlikely the domestic violence charge will be validated unless there is other compelling evidence. If police reports are filed, but the police find the claims to be false, then the Court will likely side with the police department’s finding.

False claims of domestic violence can result in a Nevada father receiving primary custody

The Court is intolerant of false accusations.  In the Mack-Manley decision the Court awarded dad primary physical custody with liberal visitation for the mother due to false accusations made by the mother. The mother appealed and the Court then found in favor of the father and awarded him primary custody. A parent who makes false allegations cannot be trusted to maintain a relationship between the child and the other parent and the Court is aware of this.

It is imperative to obtain an attorney when the other party falsely accuses you of domestic violence.  Nevada fathers’ rights attorneys will be well-versed in handling these types of accusations.  They will counter any accusations with lack of evidence.  They will look into whether or not there were any claims of domestic violence prior to the filing of divorce or any custody battle for the children. They will cite relevant case law such as the case above to fight for either primary or sole legal custody to fall in your favor due to the mother’s false accusations. When it comes to your children, it is not a wise idea to cut costs by trying to represent yourself against allegations of domestic violence.  Obtaining representation of an attorney can make the difference between you losing custody of your children or being able to be an important part of their lives.