When parents divorce, child custody decisions become a crucial part of the process. In Wisconsin, custody arrangements can vary. Parents may share both legal custody (decision-making) and physical placement (where the child lives). One parent might have sole custody, or there could be a combination of shared legal custody with primary physical placement to one parent.
In contentious divorces, one parent might falsely accuse the other to gain full custody. If you’re a father facing this challenge, it’s important to be proactive in protecting your rights and responding to these allegations. This can help preserve your relationship with your children and potentially avoid negative custody decisions.
Issues that may impact custody and placement decisions
In custody cases, some common allegations include:
- Child neglect: Not providing enough food, clothing, shelter or supervision for a child
- Substance abuse: Using drugs or alcohol in a way that puts a child’s safety at risk
- Domestic violence: Physical, emotional or verbal abuse within the family
- Parental alienation: Trying to turn a child against the other parent through manipulation or false claims
- Financial irresponsibility: A pattern of reckless spending or not providing financial support for the child
- Emotional or verbal abuse: Harming someone emotionally through constant criticism, threats or intimidation
- Inability to provide proper care: Not being able to meet a child’s physical or emotional needs
- Child abandonment: Leaving a child without proper care or supervision
These allegations can have serious consequences. If a court finds credible evidence, it may rule against you in custody decisions. But if the accusations are false, you have the right to defend yourself and present evidence to show your innocence.
How to respond to unfair custody allegations
False accusations can be very damaging to fathers. A good dad might lose time with his kids because of untrue claims. But Wisconsin courts don’t just take accusations at face value. They consider various factors to determine the truth, including the child’s relationship with each parent, their adjustment to home and school and everyone’s mental and physical health.
In high-conflict cases, the court might order psychological evaluations or home studies. To get a clearer picture of the family situation, the court may also appoint a guardian ad litem (someone who represents the child’s best interests). Both parents can present their case, including evidence such as witness testimony, emails, texts and photos.
Provide evidence and seek legal counsel
Courts prioritize the child’s best interest, which often involves maintaining a relationship with both parents. However, if you, as a father, appear unable to refute false accusations, the court might limit your custody or visitation rights. In severe cases, this could lead to major restrictions on your time with your kids.
That’s why it’s important for you to act quickly if you’re facing false allegations. Gather evidence and consider seeking a legal professional. These actions can be beneficial in protecting your rights and your relationship with your children.
