QUESTION
What should I do if my children's father is trying to gain custody through false allegations?
Asked on Nov 07th, 2013 on Child Custody - New York
More details to this question:
My children's father has been threatening me for months that he is going to call DCFS because I occasionally spank my children. He finally did and claimed that I was physically abusing the children. He even takes pictures of all my children's playground injuries and claimed they were "unexplained." The investigation was unfounded of course as there were no signs of any type of abuse and my children are healthy and happy. What can I do to protect myself from future claims and further harassment as I am certain he is trying to build a case in order to gain custody?
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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All you can do is your best. You can do nothing to him, legally, that will stop him from being a jerk. You can get a good attorney who is prepared to go after him tooth and nail when the issue comes up in court. That may give him pause before he tries it again.
Answered on Nov 12th, 2013 at 5:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Document as well the facts, there is little you can do to keep him from trying but the DSS shortly figures the pattern out.
Answered on Nov 12th, 2013 at 1:03 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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There is nothing you can do except be a good mother. You should document each and every "playground" injury so that if it comes up at a later date, you can recall exactly what happened. I would also advise you to no longer occasionally spank your children and find another means of discipline.
Answered on Nov 12th, 2013 at 1:02 PM
Bruce Provda
If he has filed a petition in court for custody, then you need to go to the hearing and argue against it. You need some evidence of your own and the DCFS case being unfounded is one big piece in your favor. It sounds like you need to get official custody from the court if you have not already done so.
Answered on Nov 12th, 2013 at 4:39 AM