Few experiences are more traumatizing than divorce proceedings.  When children are involved, anger and hurt feelings can lead to poor judgment and dangerous decisions. False child abuse often sexual abuse allegations are sometimes the result. When it comes to child abuse, innocent until proven guilty, can give way to a powerful societal urge to protect children.  Sadly, this fact makes child abuse accusations a very powerful weapon in custody battles.

Child abuse is certainly a serious and pervasive problem.  In most situations, abuse allegations are made responsibly and based on actual abuse.  But in the context of divorce proceedings or custody battles, there is a greater chance that an abuse allegation made by one spouse against another is without merit.  While different studies have produced different results, many experts estimate that between 75 and 80 percent of divorce-related child abuse allegations are completely false.  In most cases, the abuse allegations are made by the woman against her ex-husband.

Why Are Child Abuse Allegations Common in Divorce Cases?

There are a variety of reasons one parent makes a false allegation of child abuse against their ex-spouse.  Sometimes, the allegation is simply based on a misunderstanding caused by the increased sensitivity resulting from the divorce.  Individuals going through a divorce often feel victimized, and their hostility and anger may cause them to think the worst about their former spouses.  For example, following a visit, the parent may react to the childs anxious behavior any physical blemish by immediately concluding that the other parent has physically or sexually abused the child.

Often, however, a spouse makes a false allegation deliberately, either to hurt the other parent or to obtain custody of the child.  The vindictive spouse will coach the child to make allegations against the accused spouse, and then attempt to find a doctor or therapist who will support the false claim.  Mandatory reporting laws, requiring health and educational professionals to report all child abuse claims to child welfare agencies or law enforcement who impose penalties on teachers, doctors, nurses, therapists, and other licensed professionals for not reporting the allegations.  Consequently, proving ones innocence can be an uphill battle.

Consequences of Child Abuse Allegations

The consequences of child abuse allegations can be devastating.  While child abuse and sexual abuse allegations are usually difficult to prove, the mere accusation guarantees a protracted and difficult legal battle.  This battle often concludes with the loss of custody of the child, and imprisonment of the accused.  Your best chance to successfully defend a false child abuse allegation is to retain qualified legal counsel.  Even when you know that you have done nothing wrong, you must take your defense seriously.  Because the consequences of a child abuse conviction are so costly, you will need an attorney skilled in representing people in this type of case.