Father hugging his sonThis is the next post in my series on how Las Vegas fathers can deal with CPS charges. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you or a family member find yourself in such a situation. It is important that you speak with counsel as soon as possible as, even if the allegations are unfounded, the Courts will take such matters very seriously. In this article I will discuss an issue which sometimes arises – the fact that dads may face false allegations in such situations. If you are in need of assistance then contact my office today to speak with a lawyer.

Mothers sometimes make false allegations in an attempt to gain child custody

There are times when a mother may fake false allegations to Child Protective Services in an effort to gain custody of the child. These allegations may range from claims of negligent parenting to claims of physical or sexual abuse. It is understandable that a father may initially see the claims as “ridiculous,” given that they are unfounded. The truth of the matter, however, is that such claims must be taken very seriously. This is due to the fact that CPS must approach every case as if the child is in extreme danger. If a father is not responsive to the CPS inquiry, or is uncooperative, then the result may be that the investigating officer goes forward with the claim. This can result in a dad losing custody on a temporary, if not permanent, basis.

Fortunately, it is possible for a father to defend himself against false accusations of abuse or neglect. First, CPS does have safeguards in place to ensure that frivolous claims do not go forward. An investigating officer will look into the matter and if there is no proof of the accusations, or if they are disproved, then the agent will close the matter as unsubstantiated. Second, even if a claim does move forward, a dad will have the right to protect his interests in Court. This can include presenting evidence that the claims are fabricated. Such evidence may include facts which are inconsistent with the allegations, facts which point out inconsistencies in the mother’s claims, and more. Protecting one’s rights in these ways does require a dad to participate in the process. An experienced attorney can help a father in dealing with CPS officers to possibly have the claim dismissed as unsubstantiated. Counsel will also represent the dad in any subsequent Court proceedings.

Las Vegas fathers may request a change of custody if CPS charges prove to be false

If a mother’s CPS claims are shown to be false then the father may have grounds to change custody. Nevada is like other states in that a factor which the Court considers, in custody cases, is the extent to which each parent ensures the child has a relationship with their counterpart. Making false claims in an attempt to gain custody shows, for obvious reasons, that a mother is not attempting to foster a relationship between the father and the child. In such a situation, the Court may be willing to change custody in favor of the father if such a change would be in the child’s best interest. Other factors which the Court will consider in any change of custody request include the needs of the child, the ability of each parent to meet those needs, the health of each parent, the child’s wishes (depending on their age and maturity), and more. Your attorney will give you an honest assessment of whether you have a legitimate case for changing custody.

If you are facing unfounded CPS allegations then contact my office today to speak with a Las Vegas fathers’ rights lawyer. I regularly handle such matters in Clark County and I also am able to assist with any subsequent child custody proceedings. My office prides itself on providing a high level of service and we look forward to being of assistance.