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Allegations of Child Abuse All Too Common in Divorce Cases

Posted on in Divorce

Allegations of Child Abuse All Too Common in Divorce CasesA divorce proceeding can be a truly stressful process for everyone involved. However, divorces often bring out the absolute worst in some people, and some spouses who are actively in a divorce proceeding can go to great lengths to get what they want. Sometimes, unfortunately, this includes using the legal system to get the leverage in a child custody battle. To achieve this leverage, a divorcing spouse may choose to accuse his or her spouse of abusing their children.

Repercussions of a Child Abuse Claim in Custody Disputes

If you are in the middle of a divorce, and your spouse accuses you of abusing or neglecting the children you have together, you could be facing serious difficulties later in the divorce proceeding.

One of the biggest discussions included in every divorce proceeding in which children are involved is the topic of child custody or parental responsibilities in Illinois. This includes both the custody of your children, as well as the visitation rights of the parent who is not granted primary parenting time.

An allegation of child abuse throws a wrench into this whole discussion. If the allegation carries any weight at all or is not dealt with quickly and emphatically, it can lead to the divorce court judge giving sole parenting time to your spouse, and could even make the judge hesitate to give you any parental rights at all. Even if you are granted some time with your children, this is likely to be supervised, which can make it difficult to continue a strong relationship with your children.

Additionally, if the allegation of child abuse is not handled properly in its early stages, it can quickly balloon out of proportion, growing from a mere allegation to an investigation, complete with uncomfortable interviews and orders of protection being issued to keep you away from your children. In the worst case scenario, if the investigation uncovers anything, you could find yourself facing criminal charges of domestic violence or child abuse. If the situation gets this far, you will find yourself in need of a criminal attorney who can represent you in court against the state's prosecutor.

McHenry County Family Attorneys Can Help

Due to the fact that child abuse allegations can turn from an underhanded leverage tactic in a divorce proceeding into a criminal charge, it is crucial to have family law attorneys on hand from the start. Our experience representing numerous clients throughout the divorce process has given us the insight necessary to protect you as much as possible from unfounded allegations of child abuse.

Contact the dedicated Crystal Lake family law and divorce attorneys at Botto Gilbert Lancaster, PC, online to get the help you need.

Sources:

http://www.huffingtonpost.com/joseph-e-cordell/false-allegations-of-abus_b_8578086.html

http://www.americanbar.org/publications/gp_solo/2011/september/allegations_criminal_child_abuse_divorce_cases.html

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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