3 yrs ago, upon minor altercation & instigation by parents, I filed false DV, child abuse against my husband. I realized my mistake & withdrew DV. Wanted to recant in child abuse also but DYFS threatened they will take child away from me also. Child was 1 yr old, no physical evidence, it was only my stmt in court that led judge to believe abuse happened. I won physical-legal custody of child.
Husband voluntarily stopped visits 3 years ago. Since then, I’m deeply repenting my lies told to court. I admit my mistake of letting parents, DYFS influence my decisions
Now I have courage to accept, admit I lied in court. So
How can I go to court saying I lied under duress of parents, DYFS
Will court believe me
Will I go to jail for perjury
Will my child be taken away as I had filed false complain
Court Order reads as follows: - The litigation is terminated because the child has returned home to the legal custody of the mother. - The child custody arrangement was reached by consent of all parties and at this time, father is not interested in custody or visitation. Visitation for father will have to be done by application to the court and after a psychological evaluation and compliance with any reasonable and necessary recommendations for treatment that would have the requirement under this case. The court upon an application by the father for custody/visitation should consider parenting classes, anger management, and therapy/counseling for the father a conditions to a grant of visitation or custody. - These services would have been ordered in the CPS litigation but for the fact that litigation was dismissed by consent of all parties and the father waving his rights to custody or visitation.
If you actually lied and you want to correct it, that is admirable, HOWEVER if you were my client I would advise against it because you are subject to ALL of the negative outcomes listed by you in the your question. Almost for sure your child will be taken and you will have to deal with that through CPS (you should be able to remain custody because you are actually doing the right thing). Jail is almost a certainty. Perjury is a VERY BIG DEAL and so any attorney would have to advise that jail for such a case is probable for sure. Getting the court to believe you is a question mark. You would have to go through an attorney and have him/her contact the different agencies and court in order to get the ball started.
You sound very noble at this point, but disclosing your lies will risk criminal charges and further family court actions. Perhaps there is another way for you to come to terms with your past behavior.
Personal Injury Lawyer
You say your husband voluntarily stopped visits. Did DYFS close the case? If there isn't a court order prohibiting your husband visiting with the child, perhaps you can call him and offer that he slowly resume. If there aren't any issues the court will not get involved.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
Criminal Defense Attorney
Retain an attorney who specializes in criminal and DYFS cases. You may also need a psychological evaluation to explain the stresses that led to your misrepresentation. You will not go to jail and you won't lose your child, but joint custody sounds possible.