Can my husband use a past false allegation against me for child custody? 6 Answers as of July 28, 2011

I am currently residing in the state of California but will be moving to North Carolina. My husband informed me he wants a divorce due to irreconcilable differences. Can he use a past case which involved false allegations of child abuse made against me which was later proven to be false? I have the paper work stating the allegation was false against me with malice intent in order to seek custody?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If you have written findings of the Court which state that your husband maliciously filed false child abuse charges against you, you should provide those written findingsto the divorce court, because, among other thingsthose findingswould bear on your husband's credibility. Family Code Section 3027.5(b) provides that the Court may ordered supervised visitation or limit a parent's custody or visitation if it finds substantial evidence that the parent, with intent to interfere with the other parent's lawful contact with the child, made a report of child sexual abuse during a custody proceeding or at any other time that he/she knew was false when made. Additionally, Family Code Section 3027.1 provides that monetary sanctions may be imposed on a party for making a knowingly false acusation of child abuse or neglectduringchild custody proceedings. Those sanctions are cumulative to any other remedies authorized by law to redress false allegations and testimony (but note that there is no cause of action for malicious prosecution for making false child abuse allegations in a divorce case, due to the Civil Code Section 47(b)'s litigation privilege against tort liability).
Answer Applies to: California
Replied: 7/28/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
He can try, but if you have the paperwork that supports your innocence, it will paint him in a negative light of being a mud-slinger.
Answer Applies to: California
Replied: 7/28/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
If your husband does bring up the false allegations against you and you can prove that it was false, it will actually work against him and in your favor. You should contact an attorney to discuss your case in details so that they can review the report and be prepared to respond to that issue prior to the time that it is raised in court.
Answer Applies to: California
Replied: 7/28/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
If you can prove they are false, I don't think it would be held against you.
Answer Applies to: California
Replied: 7/28/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
He has every right to bring up anything he feels is relevant to the health and well being of your child(ren). However, if these allegations have been discarded as false, his election to bring this false allegation up in your family law case could work more against him than against you.
Answer Applies to: California
Replied: 7/27/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    In a chld custody battle one spouse can try to use any information or evidence to gain custody. However, the judge will want to listen to the merits of the prior allegation and if you have overwhelming evidence that the prior allegation was false you should have your lawyer have this information so he can be ready to defend you.
    Answer Applies to: California
    Replied: 7/27/2011
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