This is the next post in my series on the impact of domestic violence in Las Vegas, Nevada child custody cases. My last article discussed the child custody presumptions which attach to domestic violence findings. It is important to understand that if a dad is found to have committed such an act then the Court will begin with the assumption that he should not have joint custody of his son or daughter. This presumption, however, can be overcome by demonstrating that joint custody would be in the best interest of the child. Retaining an attorney can be crucial to establishing that a shared arrangement is best for the child. In this article I will explain how a dad can deal with false claims by a mother. If you are in need of assistance then contact my office today to speak with a fathers’ rights lawyer.
Las Vegas fathers sometimes face false allegations of domestic violence in child custody proceedings
False allegations of domestic violence arise in child custody proceedings more often than one may think. It is not uncommon for a party to make such claims out of a belief that it will give them an advantage in the case. It is important to understand, however, that the Court will be looking for objective evidence when determining whether violence has occurred. A Judge is highly unlikely to be persuaded by a party claiming that such acts occurred when no other evidence or facts suggest that it has. The Court will often look to the surrounding facts when there has been no arrest or criminal conviction.
The foregoing is best explained through example. Suppose Jack and Jill are going their separate ways. Jill files a child custody case and asks for primary custody on the grounds that Jack was physically abusive. The evidence, however, shows that the police have never been called. Furthermore, Jill produces no medical records showing a history of violence. Also, none of her coworkers are willing to testify to having ever seen her with bruises. Importantly, Jack produces text messages which show he and Jill having a happy exchange at a time almost immediately after Jill claims that he assaulted her. Jack produces other messages and evidence which, taken in context, are inconsistent with claims that he is abusive. Under this scenario, the Court would likely find that no abuse occurred. While how the Court will rule in any situation will always depend on the facts of the case, this example shows the type of evidence which a Judge will consider.
False domestic violence allegations can result in a father receiving an increased custody share
If a Court finds that a mother is fabricating claims of domestic violence then the Judge may possibly increase the fathers’ share of custody. This is due to the fact that one of the factors which a Court considers is the efforts a parent makes to foster a relationship between their counterpart and the child. For obvious reasons, if a parent is lying in an effort to gain custody then such behavior goes against the idea of fostering such a relationship. Such conduct on the part of a mother will, therefore, be one factor which the Court will consider when determining what is in a child’s best interests. Having an attorney with experience in such matters can help with ensuring that you make the best possible argument to the Court.
If you are in need of assistance then contact my office today to speak with a Las Vegas fathers’ rights lawyer. My office is dedicated to the handling of domestic relations law and we will give your case the attention it deserves. This includes making sure that you know what to expect from the process as your matter moves forward. Contact us online or by telephone today. We look forward to speaking with you.