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Dealing with False Accusations of Child Abuse in Your Florida Divorce

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Accusing someone of child abuse when you know the accusations to be false is one of the worst things a person can do, yet false accusations of child abuse arise in Florida divorce cases quite frequently. Sadly enough for the accused individual, it is difficult to disprove false accusations, and the accused parent oftentimes ends up losing custody rights of their child or children altogether. Furthermore, any visitation time they are granted will be under the strict supervision of a court representative.

If you have been falsely accused of child abuse in your Florida divorce, it is imperative that you speak with a Boca Raton family law attorney right away.

How False Accusations Can Hurt the Accused

False accusations are not only harmful to a person’s reputation, but also, they can negatively affect an individual’s relationship with their child. If a court believes a person capable of child abuse – and moreover, if they believe that a person has committed prior acts of child abuse – the accused individual stands to lose custody rights of their child altogether. In some instances, a judge may grant supervised visitation for one day every other weekend. Not only are false accusations of child abuse illegal under Florida law, but also, the kind of parent-child relationship that results from false accusations is not what is in the child’s best interest. Because of this, the Florida courts deliver swift and harsh punishment to those that make false accusations of child abuse during divorce.

How False Accusations Can Hurt the Accuser

If a Florida judge determines that an allegation of child abuse is in fact untrue, the opposite outcome of what the accuser was hoping for will occur—that is, the accuser will lose time with his or her child, and the accused will gain full custody. The judge may grant supervised visitation with the guilty parent, or, if they are feeling lenient, limited custody rights.

In addition to losing custody rights over their child, a parent who falsely accuses the other parent of child abuse will be charged with a third degree felony, punishable as provided in s. 775.082 or s. 775.083.

How to Prove That Allegations of Child Abuse Are False

Unfortunately, if a judge receives an allegation of child abuse from one parent about another, they must err on the side of caution and take immediate protective actions on the child’s behalf—especially if the claim of abuse is corroborated. It is up to the accused to present the burden of proof showing his or her innocence.

Consult a Boca Raton Family Law Attorney

Aside from the negative implications that false accusations can have on your child, they are also damaging to the parent-child relationship and to the accused parent. No parent should ever have to face false accusations of child abuse. If your former spouse filed false claims against you, do not hesitate, and contact our Boca Raton family law attorneys at the Law Offices of Schwartz | White 561.391.9943 to schedule an immediate consultation today.

Resource:

leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0039/Sections/0039.205.html

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