Home > Research Legal Advice > Child Custody > Do i need an attorney for child custody, the mother is accusing me of rape?
Asked 11 months ago - Sunnyvale, CA
FlagMy fiancee and I are going into a child custody battle with the mother of his child. The mother of the child has alleged that my fiancee raped and beat her. She is lying to make him look bad and keep the baby away from us. How do we prepare to beat this? We know she can not prove this to the courts. All we want is the daughter in a stable, consistent environment
You do need a lawyer. And you should not post these facts on Avvo. This is a public forum and you are not entitled to any attorney client privilege for these communications. You need to be very careful about how you proceed.
Best of luck to you.
Attorney Rebekah Ryan Main
If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.
This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.
You have already received prudent advise from Hillary Johns in regard to the posting of any potential evidence. Without question, if anyone needs a lawyer involved in this situation, it is your fiancee. The scenario could go on and on, and she may accuse him of rape and rape in the presence of the child, the possibilities are endless. If she really wanted to kick things up, she could file criminal charges against your fiancee, and he will be facing the criminal charges as well as civil and family law issues. A criminal charge could allow her to obtain automatic restraining orders against him to keep him away from his ex and the child. That will have to be dealt with in addition to the ongoing family law matter. This is a situation that really calls for the involvement of experienced legal counsel.
Your fiance needs an experienced family law attorney and possibly, an experienced criminal law attorney. Your fiance should not delay in obtaining legal advice, as what is said to investigators, and in the initial pleadings and hearings can impact the ultimate decision in his case(s). Proof of the inflammatory allegations may not be needed for the court to make a custody order that impacts your fiance's relationship with the child significantly. Note that I have said that your fiance needs the attorneys and that this is his case. You are emotionally close to your fiance, and what happens in this situation affects you, too, of course, emotionally and financially, but this situation is one that primarily involves your fiance and it is his responsibility to deal with it. Your role is not to advocate for your fiance. Once your fiance hires his advocate(s) let the the advocate(s) do their job.
This is one of the ugliest things that can happen in a child custody case. Your fiance needs to find legal help, there is no doubt about it, in order to navigate the troubled waters that lie ahead.
The bottom line is that the child needs to have a healthy relationship with both parents, so long as it is not detrimental. The mom is trying to paint your fiance as dangerous. These allegations often work, but sometimes they backfire. But it takes a lot of hard work to fight back.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
