In the often contentious world of child custody cases, emotions boil over, things are said that can’t be taken back, people don’t understand what court handles custody cases, and difficult decisions have to be made. In some custody cases, intense emotions can cause one parent to lie in an attempt to gain custody of a child.
There are many reasons a father might lie in court, and there are some lies that judges hear on a regular basis. There are, however, some steep consequences for lying. If a person gets caught lying in court, it could potentially be the worst decision he could possibly make during a custody case. If you believe the father of your child is lying, you should consult with a child custody lawyer in Virginia Beach as soon as possible.
Why Do Parents Lie?
Anger and bitter feelings toward a spouse are the most common reasons that a father would lie in court. If he thinks his wife is an awful person and wants to damage her reputation in any way possible, he might lie to take the children away from her, too.
Another reason someone might lie during a custody case would be to hide income and avoid child support. Perhaps the father tells the court he only makes $500 per week when, in reality, he makes $700. He may be attempting to get the judge to lower his court-ordered child support payments.
Men who are controlling may also lie and say things in court to get custody of a child. This way, they can control when the mother is able to see the child and to make her life as difficult as possible.
What Common Lies Happen in Custody Cases?
Lying in court takes many forms; however, after years of listening to and deciding cases, family court judges have heard it all. There are five common lies a father or parent says to a judge—but there are also ways to fight back against them to protect yourself and your children.
Income
A father lying about his income and saying he makes less money is attempting to get his child support payments lowered. This can be disclosed as a lie by showing tax returns and bank statements to prove the income is higher than the father claimed.
Domestic Violence
A father or parent may claim that their spouse hits them or the child, and is therefore dangerous and unfit to be a parent–this is a very serious accusation. Typically, there will be statements taken by all parties involved, and there may also be witnesses called to testify. Usually, after the witnesses have all denied the abuse, the lie is uncovered.
Drinking or Drug Use
The father may claim that the mother drinks excessively or does drugs. This is made worse when claims are made that the mother is intoxicated when she is supposed to be caring for the child. Once again, witnesses are the best defense to these accusations as well as clean drug and alcohol tests.
Neglect
Claiming the other parent is always out with their friends and never attends the child’s school functions or isn’t involved in the child’s life is common, as well. These types of lies are usually discovered when the child is interviewed.
Verbal abuse
Telling the court that the mother constantly berates or yells at them or the child can be an attempt to paint the mother as a poor parent. Once again, witnesses and other people can be called to refute these allegations.
Consequences
If a father is found to be lying about anything regarding the custody case of his child, you can all but guarantee he is going to receive an unfavorable ruling when the time comes for the judge to make his decision. This may include increased child support or alimony payments, less visitation time with the child, or court-mandated parenting classes.
Legally speaking, if the father lied under oath either on the stand or through an affidavit he provided, it could be considered perjury–perjury is a serious crime. Punishments can range from fines and probation all the way to jail time, especially in cases where serious false accusations were made.
Of course, an experienced custody case attorney, such as those at Coastal Virginia Law, can help gather all evidence needed to show when a father may be lying and be sure the custody case is ruled in the child’s best interest.