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Child custody cases are often highly charged proceedings. Sometimes parents feel desperate, scared, or vindictive and work to make the proceedings extremely difficult. One ploy that some parents attempt is to accuse the other parent of child abuse or neglect. Child abuse and neglect are serious matters and no one should ever cry wolf about them, but unfortunately some people do.
Claiming that the other parent has abused or neglected the child might seem like a slam dunk strategy. After all, what judge would give custody to an abuser? Arizona courts are very sensitive to these charges and also aware that they are often misused. When child abuse or neglect is reported the Arizona Department of Child Safety investigates and makes a determination about the truth of the allegations. If a child is in danger that child may be removed from the home or situation or other steps can be taken to protect the child. Criminal charges may be filed against an abuser. Many children are protected by investigations of this nature, but some allegations are found to be false.
When considering the best interest of a child in a custody case, Arizona courts are required to consider whether a parent has falsely reported child abuse or neglect. A parent who has done so knowingly as a tactic in a custody case may have his or her parenting time impacted by this act. Additionally, it is a class 1 misdemeanor to falsely report child abuse or neglect.
If you believe your child may be in danger but are unsure, talk with your attorney. If you believe your child is in imminent and immediate danger, you should call 911.
Call the Sampair Group to discuss your child custody case. We are located in Maricopa County, Arizona and are ready to work with you. Make an appointment today.
