My ex-wife has accused me child abuse (physical) after two years of divorce in Massachusetts. How can I proof it is false?

Asked almost 2 years ago - Malden, MA

I have doctors reports of my two children. There is none of those issues. She has send me email that I never hit her and my children in Oct. 2012. She tried to commit suicide in 2003 and 2005. I took care of her in both times. She is mentally so sick.
This all guided by her psychologist and my kids psychologist. She has been a client of Stoney Brooks Counselling Center in Chelmsford, MA for about 6 years. They need to protect and help their client. They do not care about children and effect on children of the false allegations. There is no DCF investigation of 51A. It is easy to get a psycologist than buying a potato.

Attorney answers (3)

  1. Philip W. Mason

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . You need to repost your question with more detail. Your question has no context and it is impossible to address all of the possible scenarios that may be implicated in your question. Are you in the middle of a modification for custody? Is there a parenting plan or visitation schedule? With whom do the children live? Do you have shared legal custody? Do you have shared physical custody?

    As for very general advice - I would suggest that if your ex-wife alleges child abuse she has the burden of proof and will have to produce evidence to support the allegation. You may offer a defense (rebut her allegations and discredit her evidence), but it is difficult to prove a negative – ie, that you do not abuse the children.

    While it sounds like you have some strong defense evidence (text messages, no physician report, no 51A investigation, history of mental illness), the fact that she has the support of her mental healthcare providers is unsettling. You may want to motion for a Guardian ad litem (GAL) who can provide an objective third party investigative report. Regrettably, GALs are expensive an the courts are rreluctant to appoint a GAL if the parents can’t afford one.

    Since custody battles can be highly contentious and complex as experts enter the action, you would be well advised to confer with a domestic relations attorney.

    This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an... more
  2. Marcia J Mavrides

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Your question requires an in-depth analysis by an attorney in order to determine your options. Do you have joint legal custody of your children? Has your parenting time been suspended by the court? If you wish to obtain custody or preserve your parenting time with the children, it is imperative that you consult with an attorney.

    DISCLAIMER: The information contained herein, and the receipt or transmission of same does not constitute or... more
  3. Jessica M Walsh

    Contributor Level 9

    Answered . It sounds like it would be in your best interest to contact a family law attorney, at least for a consultation, to go over your paperwork and discuss next steps.

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