False Molestation Charges

Across the state of California, the family law courts are seeing an increase in the last several years, concerning the charge of molestation of a child in a custody dispute. Often these charges are made falsely.

The impact of an alleged abuse can be major in child custody litigation. County officials named Child Protective Services usually undertake an investigation. From there the Family Court judge is apt to cut off the accused parent’s access to the child pending completion of the investigation. The child is then subjected to evaluations by police, social workers, medical doctors and mental health professionals. Court evaluators are often involved in the investigation as well. The long term effects can be major when the judge has suspended the visitation or custody rights of an accused parent, thus keeping the child out of apparent danger.

In cases where a dishonest parent uses this scenario as a ploy in their child custody dispute, and makes false allegations, the cases tend to go on for a lengthy duration of time. Whenever possible, if a parent knowingly alleges molestation, a judge can order him or her to pay all the other party’s attorney fees and may well deny the charging party custody of the child.

If you are an accused parent in a dissolution who is wrongly accused of molesting or abusing your child, there are a few things your qualified attorney might do such as request an attorney be appointed to represent your child. You also might consider cooperating fully with the investigation by Child Protective Services. Polygraph tests are a tool often used to prove innocence on molestation or abuse charges. Of course, an agency who performs polygraphs would be recommended over the law enforcement agency.

Lastly, a qualified attorney should continually ask the court to hold a hearing on whether molestation actually took place and to reestablish your child visitation if the judge finds that molestation did not occur. It is important to know that the Juvenile Court has controlling authority in this situation.

When you seek a 20 year experienced Litigator, call the Law offices of Richard K. Isles, for a consultation.