Child Custody Litigation
When parents disagree on the subject of who will have physical custody of the children, it can be a very difficult legal situation, particularly when the case is going to be decided by the court. Any accusations regarding domestic violence or child abuse must be fully documented. It is considered by the court that the best interest of the child includes access to BOTH parents. It will require a very carefully crafted case to successfully get sole custody of your children in court.
The Danger of False Accusations or Parental Alienation
If it can be proven that there was an effort to discredit the other parent through false accusations of abuse or neglect, this will not be taken lightly by the court. These issues do arise in custody litigation, and if you are falsely accused of being a danger to your children, it is imperative that action is taken immediately to repair your reputation, preserve your parental rights, and get justice.
The relationship of the child with each parent is considered, including which parent has been involved in the nurture and guidance of the child(ren). When there is an effort to discredit the other parent, an unwillingness to share the children or any actions that led to parental alienation, this could backfire badly in court.
A child that is considered to be sufficiently mature to make a decision about which parent to live with can influence the final decision of the court to a large degree, but not if it is believed that this decision was based upon undesirable or improper influences upon the child, which has turned them against their parent, under § 461-A:6 (2012).
The court expects the parents to cooperate with regard to sharing time with the children. There are definitely cases in which illegal activities, drug or alcohol use, or domestic violence are a danger to children. When this is the case, it could not be more critical that your divorce counsel prepares a case that is fully supported by credible evidence.
Kalled Law Offices, PLLC provides the highest quality child custody representation to parents throughout the communities of Dover, Salem and Portsmouth.