Fathers are often unaware of their rights and seem to end up on the wrong side of the court’s decision in a whole host of cases in divorce and family law cases. One of the clearest examples of the lack of usage of father’s rights is with respect to child custody cases and especially ones that have false allegations of abuse leveled against the father. In most cases, where a father is falsely accused of such an abuse, they are unable to properly defend themselves in such situations or comprehend why such allegations have been leveled against them.
The other spouse usually levels false accusations against the fathers in child custody cases is because of the importance that courts give to such accusations. This, however, doesn’t mean such parents should be allowed to get away with making such grave false accusations. This blog talks about how a falsely accused parent can take custody back from the lying parent.
The Family Code and Father’s Rights
In cases of divorce that involve abuse allegations against another spouse, one of the most quoted sections of the California Family Code is Family Code section 3011. This code section states that a court may consider any history of abuse by the parents that are seeking custody. In the same code, however, the courts have also stated that any false accusations of this nature are not be tolerated and such parents who have been falsely accused should take action against the accusers.
According to the California Family Code 3027.1, the parent who has been falsely accused only need to show that the other parent knowingly made the false accusations against the father. If a father is able to show that, then the father can ask the court to impose sanctions on the mother for falsely accusing the father.
A lot of fathers fighting divorce cases, and facing false accusations in child custody cases, are unable to realize that the courts have the discretion of giving strict orders against the parent who has made false accusations. One of these orders can be the order of supervised visitations for the mother. These kinds of orders are usually made in the cases which involve false accusations of sexual abuse. However, there is no hard and fast rule in this regard and other abuses may also amount to the same punishment.
Simply proving to the court that the accusations were wrong and winning back custody may be what most fathers do in such cases but is it enough? Are you sure allowing the other parent to leave without having to pay will reform their behavior? In addition to monetary sanctions, fathers should press their attorney to pursue the other spouses and to try and limit their visitations to the child.
Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.