Mother-in-law made a false police report. What impact will this have on child custody if I get a divorce?

Asked about 1 year ago - Pleasanton, CA

My mother-in-law and I got into an argument one night and I grabbed her wrist and said, “Listen to me!” I did not think I was assaulting her. At the time she did not give any indication that she was injured, but 2 days later a small bruise formed and she went to the doctor and he made a police report. The police interviewed me and her but did not make any charges. She wrote a letter a few months after the incident, and now it’s included in the police report, which stated that she was very angry when she filed the report and that she had intentionally embellished the details. My wife and I have been talking about separating. We have a 2 year old son and I am concerned about what impact this police report, filed 6 months ago, will have on child custody if we decide to separate.

Attorney answers (3)

  1. Nadine Marie Jett

    Contributor Level 16

    2

    Lawyers agree

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    Answered . The report is "hearsay" You have not been convicted (or even charged) with a crime, based on what you have stated above. Most likely, it will have no impact on your case. If charges are filed, and you are convicted, the domestic violence may be considered in making custody orders.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more
  2. Bernie Johannes Kempen

    Pro

    Contributor Level 10
    Best Answer
    chosen by asker

    Answered . The report is hearsay, but the facts may end up in your wife's declaration. These facts will be considered by Family Court Services when making a custody recommendation to the court

  3. Cathleen Elisabeth Norton

    Pro

    Contributor Level 17

    Answered . hmm...may have some impact, so you should consult with an attorney. There are more facts one would need to assess the situation appropriately, but I would not worry about a restraining order since the incident is now too stale. Your wife obviously didn't think you were a threat to your son after the incident so I hope she doesn't use the incident as a way to gain an advantage in whatever custody proceeding may follow. In the meantime, you should begin educating yourself on the law and I am including links below to help you in that endeavor. Good luck.

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