A separation or divorce in New Mexico is challenging enough on its own, but it can grow even more complicated when your co-parent is making unfounded or untrue accusations against you, which sometimes happens in contentious divorce or child custody cases.
Regardless of how untrue your ex-partner’s words are, you have to keep in mind that they do have the power to harm your family law case if left unaddressed. Whether you are just starting your divorce or child custody case or going over a custody issue for the sixth time, any words against you as a parent can damage your case. These accusations include lies on your legal forms, allusions to child abuse, claims that you are not adhering to the current custody rules in place, or other major claims.
If you are trying to deal with false allegations, it’s imperative to discuss them with a family law attorney right away. You should also know what your legal rights are in this situation and how to respond in an appropriate manner.
Understand the Motivation
When a person resorts to false accusations in a family law case, it is almost always a sign of desperation on their part. They may accuse you of failing to follow court orders, neglecting the children, or even abusing the children because they believe it will give them the advantage in your custody case. Unfortunately, that conclusion is right to some degree. However, if you have the truth on your side, you should be able to show their allegations are false with the help of your family law attorney.
Gather Your Evidence
To properly defend yourself against false allegations, find all the proof you can in your favor. While this may be frustrating and seem ridiculous, it’s absolutely necessary to be ready to prove you are right in situations like this. The court is very vigilant about protecting the safety and health of children, especially when abuse allegations are made. Instead of being angry and focusing on the injustice of your situation, you need to think about what you can do to demonstrate to the court that you are a good, fit parent.
Look for substantial evidence that contradicts the specific claims your ex-partner has made. If, for example, they claim you have had a history of child abuse, you can show the court your criminal record is clean and the authority responsible for handling child abuse claims in your area has no such reports on you. If your ex-partner says you never pick the children up from school on time, get a teacher or other authority figure at the school to give a statement that you do pick the kids up on time regularly. If you not picking up the kids on time is part of the accusations in any way, use time-stamped activity log apps on your phone to help back up your position and ward off future claims of a similar nature.
Speak to Your Attorney
Every case is different, and all the strategies you will need to use in your situation will depend on the specifics. Go over all the accusations with your attorney, and be completely honest about what is really going on. Is your co-parent trying to “get back” at you for a particular reason? Are they threatening to take the children away from you if you don’t agree to some other terms? Whatever the case may be, you need to talk to your attorney about the situation in full detail so they can give you the best advice on what to do next.