Skip to main content

How can i stop my children's noncustodial father from filing motions that are false and full of lies?

Soldotna, AK |

this is the second time my children's noncustodial father has filed a long term protection order against me for my children, the last one my children were taken from me for 5 days, mind you my youngest was 5 weeks old and the father had never met her. the protection orders were disposed for false pretense. ocs and cps were involved and nothing was found against me. i now have full primary physical custody of my 2 1/2 year old son and 9 month old daughter.. I don't abuse my children, i have a good job, the kids are healthy, we have a roof over our heads, food in our kitchen, and clothes.. how do i make all of this just stop?! This has been going on since i first found out i was pregnant with my daughter..

Attorney Answers 1

  1. As a practical matter, there is really nothing you can do to stop a noncustodial father from filing motions to modify custody until the child reaches the age of majority. Most judges are reluctant to find one side lied in a motion; the judge is more likely to conclude one side is simply not credible or reliable. It takes a long history of abusive motions for a court to pre-emptively forbid a litigant from filing motions, and such pre-emptive orders are extremely rare.

    The way to make is stop is to hire an attorney, have the attorney prepare a polite and respectful opposition, and then if you win the motion to move the court to have the noncustodial father pay for your attorney's fees. If you win these motions, after time it will simply become too expensive for him to continue filing motions and he will stop for financial reasons.

    Most court's will not consider two motions to be abusive; there has to be a longer track record for the court to reach that conclusion.

    If the non-custodial father is truly telling lies, then fully litigating the matter to show the judge how he is lying will go a long ways to persuading the judge to take action. However, no judge will prohibit the noncustodial father from filing a motion simply because you think the father is lying.

    Hope this helps.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics