Even if they know they allegation is not true, a resident of the Houston area accused of any kind of abuse during a divorce or other proceeding for conservatorship and access should take the accusation very seriously.
As a reminder, conservatorship and access are Texas’s terms for custody and visitation.
If the person making the accusation can make it stick, a judge may decide that they cannot legally grant any type of custody to the accused and must also either restrict or even deny the accused’s visits.
The accused in theory has an opportunity to convince the court that they should be involved in their children’s lives despite the allegation, but doing so might be difficult in practice.
In short, not taking these sorts of allegations seriously until it is too late could mean a good parent no longer will be able to have a relationship with their children.
What should I do if I am accused of abuse during a custody proceeding?
Practically, no one can guarantee that they will never face an abuse allegation. Family relationships almost by necessity mean that a couple will have time alone both privately and with their children. Allegations often boil down to one person’s word against another’s.
If a Houston resident faces an unfounded abuse allegation, there are certain steps they can take to minimize the potential fallout in their custody cases:
- If a spouse decides to get Child Protective Services involved to bolster the allegation, the accused parent will want to put forth a vigorous defense to allegations. In these situations, defending against the allegations is important even if removal of the children is not on the table.
- Likewise, a parent may seek out the opinion of a mental health professional who is willing to testify that abuse was likely. Here, it is important to confront the testimony of the professional firmly.
- Pointing out the context of a professional’s opinion is also important. For example, many times a parent will involve a counselor without the other parent’s knowledge. A counselor may accuse the other parent without even meeting that parent.
- The accused parent needs to make sure that the court and all involved have a complete picture of their lives. False allegations stick when the court hears only one side of the story.
- If the alleged abuse was not reported at the time it supposedly occurred, it is fair to ask why.
- On a related note, sometimes a parent does a make a mistake but truly deserves another chance. In these cases, the strategy should revolve around convincing the court that the parent has learned their lesson.
Ultimately, an allegation of abuse is a serious enough matter that the person accused should make certain they are fully aware of their legal options.