Table of ContentsView AllTable of ContentsInvestigation of AllegationsHow to RespondWhen a Child Accuses YouDenial of Visitation or Custody
Table of ContentsView All
View All
Table of Contents
Investigation of Allegations
How to Respond
When a Child Accuses You
Denial of Visitation or Custody
If you have been falsely accused of child abuse, you’re not alone. Unfortunately, unfounded accusations of child abuse can be common. Particularly in high-conflict custody battles, tempers can escalate quickly.
One parent may believe that accusing the other parent of child abuse will increase their own chances of winning custody. But it’s a flawed strategy.
It’s true that judges err on the side of caution when it comes to children’s safety. However, judges do not favor limiting parental rights unless it’s absolutely necessary—and they’re well aware thatfalse accusationsare made often. As a result, the court will thoroughly investigate any and all claims of abuse.
Learn about investigations intochild abuseallegations, what to do if you’ve been falsely accused, and what child abuse allegations mean when it comes to custody of your child.
If you are a victim of child abuse or know someone who might be, call or text theChildhelp National Child Abuse Hotlineat1-800-422-4453to speak with a professional crisis counselor.For more mental health resources, see ourNational Helpline Database.
If you are a victim of child abuse or know someone who might be, call or text theChildhelp National Child Abuse Hotlineat1-800-422-4453to speak with a professional crisis counselor.
For more mental health resources, see ourNational Helpline Database.
Investigation of Child Abuse Allegations
Family Protective Services, at the order of the judge, may also become involved in the investigation. This can become quite intrusive. For example, Child Protective Services staff will question people close to you about your behavior and your parenting.
If a judge determines that a parent has made a false allegation in an attempt to influence a child custody decision, they may order the accusing parent to pay court costs to the other parent—and even modify the custody arrangement in favor of the accused. In many cases, you can also sue someone for false accusations aboutchild neglect or abuse.
The consequences of making a false report vary—but in many states, false reporting of child abuse is considered a misdemeanor and multiple false accusations can be considered felonies. So even though plenty of parents try it, making false allegations in an attempt to win child custody rarely pays off.
Is It a Crime to Falsely Accuse Someone?
How to Respond to an Accusation of Child Abuse
There are a few actions you may want to pursue right away if you’ve been falsely accused of child abuse:
Simply having people who can state that they never saw you mistreat or threaten your children will help your case. If no evidence of abuse is discovered, the investigation will be closed and the court will officially determine that either no abuse took place or it cannot be confirmed.
How Emotional Abuse in Childhood Changes the Brain
What to Do When a Child Falsely Accuses You
If your child falsely accuses you of child abuse, you would take similar actions as you would if another person made the accusation against you: Cooperate with Child Protective Services and/or law enforcement as they work on your case. You can also collect any character witnesses such as family or friends that can attest you are a good parent.
If Child Protective Services opens an investigation, they will seek physical and/or verbal evidence of abuse. If there is sufficient evidence, your name may be added to the Central Registry, a confidential list of perpetrators ofchild neglector abuse. If the allegations don’t warrant an investigation, Child Protective Services may do a family assessment in which they visit your home to identify risk factors for future abuse or neglect.
If your child falsely accuses you of abuse, you should comply with any investigations or family assessments that take place and consult with an attorney.
Ultimately, a judge determines whether you retain custody of your child while the investigation is in progress.
What Is Malicious Parent Syndrome?
Malicious parent syndrome is a term used to describe the consistent actions of one parent to influence their child to reject or turn away from their other parent. The parent exhibiting signs of malicious parent syndrome may blame, ridicule, and reject their child’s other parent without justifiable cause.
The parent who is on the receiving end of behaviors linked with malicious parent syndrome may experience parental alienation from their child. The child may believe they are rejecting this parent on their own terms, not realizing that the other parent has influenced them to do so.
In some cases, a person with malicious parent syndrome may go to extreme lengths to make the other parent look bad. One such action may be influencing or convincing their child to accuse the other parent of abuse.
If a parent’s actions violate family or civil law, they can be charged and brought to court for these offenses. If you are consulting with an attorney, let them know about any parental alienation you are experiencing.
Try keeping a journal to track instances of parental alienation. For instance, if your child’s other parent is speaking poorly about you to your child or spreading lies to family/friends, you’ll want to keep track of these incidents and share them with your attorney.
While judges do not want to take children away from their parents, they err on the side of caution when it comes to any type of domestic violence and child custody. The proper course of action will depend on the nature of the allegations and a number of other factors.
Typically, a judge may suspend the accused parent’s right to visitation and/or custody pending an investigation. When that investigation fails to uncover evidence of abuse, the accused parent’s rights will be reinstated.
Any time that you’re accused ofchild abuse, you should consult with an attorney experienced in handling similar cases. Work with a family law attorney who can help you gather evidence, build a case for appeal, and advocate on your behalf—so that the truth can be fully revealed and your parental rights can be reinstated.
Particularly if an investigation does not clear your name, a family attorney can help you build a more solid case with additional evidence. If one parent is displaying signs of malicious parent syndrome, this is definitely information to share with an attorney.
Mental Health Effects of Different Types of Abuse
3 SourcesVerywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Department of Health and Human Services, Children’s Bureau.Penalties for failure to report and false reporting of child abuse and neglect.Missouri Department of Social Services.Frequently asked questions: Child abuse/neglect investigations.Lee‐Maturana S, Matthewson M, Dwan C, Norris K.Characteristics and experiences of targeted parents of parental alienation from their own perspective: A systematic literature review.Aust J Psychol. 2019;71(2):83-91. doi:10.1111/ajpy.12226Additional ReadingMurray LK, Nguyen A, Cohen JA.Child sexual abuse.Child Adolesc Psychiatr Clin N Am. 2014;23(2):321-37. doi:10.1016/j.chc.2014.01.003Sheehan E.Using Rule 11 sanctions to punish accusers who make false allegations of child sexual abuse in custody and divorce cases.Fam Court Rev. 2019;57(1):121-135. doi:10.1111/fcre.12400
3 Sources
Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Department of Health and Human Services, Children’s Bureau.Penalties for failure to report and false reporting of child abuse and neglect.Missouri Department of Social Services.Frequently asked questions: Child abuse/neglect investigations.Lee‐Maturana S, Matthewson M, Dwan C, Norris K.Characteristics and experiences of targeted parents of parental alienation from their own perspective: A systematic literature review.Aust J Psychol. 2019;71(2):83-91. doi:10.1111/ajpy.12226Additional ReadingMurray LK, Nguyen A, Cohen JA.Child sexual abuse.Child Adolesc Psychiatr Clin N Am. 2014;23(2):321-37. doi:10.1016/j.chc.2014.01.003Sheehan E.Using Rule 11 sanctions to punish accusers who make false allegations of child sexual abuse in custody and divorce cases.Fam Court Rev. 2019;57(1):121-135. doi:10.1111/fcre.12400
Verywell Mind uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.
Department of Health and Human Services, Children’s Bureau.Penalties for failure to report and false reporting of child abuse and neglect.Missouri Department of Social Services.Frequently asked questions: Child abuse/neglect investigations.Lee‐Maturana S, Matthewson M, Dwan C, Norris K.Characteristics and experiences of targeted parents of parental alienation from their own perspective: A systematic literature review.Aust J Psychol. 2019;71(2):83-91. doi:10.1111/ajpy.12226
Department of Health and Human Services, Children’s Bureau.Penalties for failure to report and false reporting of child abuse and neglect.
Missouri Department of Social Services.Frequently asked questions: Child abuse/neglect investigations.
Lee‐Maturana S, Matthewson M, Dwan C, Norris K.Characteristics and experiences of targeted parents of parental alienation from their own perspective: A systematic literature review.Aust J Psychol. 2019;71(2):83-91. doi:10.1111/ajpy.12226
Murray LK, Nguyen A, Cohen JA.Child sexual abuse.Child Adolesc Psychiatr Clin N Am. 2014;23(2):321-37. doi:10.1016/j.chc.2014.01.003Sheehan E.Using Rule 11 sanctions to punish accusers who make false allegations of child sexual abuse in custody and divorce cases.Fam Court Rev. 2019;57(1):121-135. doi:10.1111/fcre.12400
Murray LK, Nguyen A, Cohen JA.Child sexual abuse.Child Adolesc Psychiatr Clin N Am. 2014;23(2):321-37. doi:10.1016/j.chc.2014.01.003
Sheehan E.Using Rule 11 sanctions to punish accusers who make false allegations of child sexual abuse in custody and divorce cases.Fam Court Rev. 2019;57(1):121-135. doi:10.1111/fcre.12400
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