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If your spouse claims abuse, will you be unable to see your kids?

On Behalf of | Mar 17, 2021 | Family Law |

Some people will do just about anything to gain the upper hand in a divorce. They might hide assets or lie about their circumstances or their spouse.

If your spouse has started developing a story that paints you as an abusive partner or parent, you probably feel worried about what their claims might mean for your divorce. Can they just say anything about you to keep you from being able to spend time with your kids?

Abuse can affect how the courts handle custody

Typically, the judge presiding over a custody case wants to do what’s best for the kids. Protecting a relationship with both parents is generally the goal.

Most divorces will result in shared custody between parents because that is what is best for the kids. Only in circumstances where one parent doesn’t ask for custody or they might endanger the children will the court award one parent sole custody. If your spouse wants full custody, trying to claim that you are abusive could be a tactic to sway the court in their favor. However, they will need evidence.

The Oklahoma family courts are skeptical of undocumented allegations

The courts usually won’t make rulings based solely on hearsay. Your spouse will need photographs, police reports, psychologists’ statements or other evidence if they try to depict you as an abuser. You can potentially push back against those claims by showing the courts that this is all an attempt at parental alienation.

If your spouse has made threats that they will withhold the children from you, especially if they have done so in writing, that can go a long way toward showing the court that the issue here isn’t that you are abusive but rather that they want to cut you out of the life of your children or punish you in the custody proceedings of your divorce. Your attorney can help you fight for your parental rights.