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

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


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

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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.

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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.

If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.

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