Custody & Kidnapping

Unfortunately, it is not uncommon for people to make false allegations in court petitions or even in court conferences or on the witness stand. This can be especially common in cases where there is domestic violence and an abuser makes up false allegations to try to continue to abuse or harass the victim or to try to win custody of the children. Generally, one of the roles of the judge is to decide whether a person is believable (credible) when they are speaking in court. Based on the person’s testimony, a judge can decide whether or not the allegations appear to be true or false.

When there are false allegations in a petition, the other party may be able to file a counter-petition to address the allegations and to try to make it clear that the allegations are false. If an individual testifies in court about the false allegations or brings in witnesses to falsely testify, then the opposing party’s attorney will usually get a chance to cross-examine the witness or the party. Basically, they would ask this person questions in front of the judge and try to show that the person’s story is not credible. A good cross-examination can be the best way to show the judge that an individual is lying. However, cross-examination can be very hard to do on one’s own without a lawyer. And even some lawyers who are not skilled in trials may have a hard time performing a good cross-examination.

[CHANGE THIS BASED ON WHAT SHE HAS ALREADY SAID RE: HAVING A LAWYER OR NOT: If you already have a lawyer but the lawyer doesn’t specialize in matters related to domestic violence, you may want to see if they lawyer would reach out to one of the national organizations that provide advice and support to lawyers who are litigating domestic violence cases. If you don’t have a lawyer already, you may want to look at the list of questions that we can be helpful when interviewing an attorney, on our website.]

Also, just as the other party will get to call witnesses and show documents to the court, you will likely have this right as well if the case goes to a trial. A parent in a custody case may consider calling witnesses that help support what they think is the best interest of the child, witnesses that show the other parent is lying, or “expert witnesses,” such as a therapist who is treating the child, who can give an opinion about how the child is affected by the other parent’s actions of by spending time with that parent. Here you can find more information about what a judge might look to when considering Best Interests [LINK] of the child. We also have general Custody [LINK] information in case that might be helpful.

If you are looking for a lawyer, you can find legal referrals on our Finding a Lawyer page. [LINK] In the event that you have to represent yourself, you can read more in our Preparing for Court section on our website.