My wife has falsely accused me of abuse. Can I get custody of my children because of alienation of a parent?

Asked over 2 years ago - Beckley, WV

My wife filed a false Domestic Violence Petition against me back in October. Since then, she has tried everything to discredit me and keep my children from seeing me. In mid-December, the Family Court granted me visitation rights on the weekends. That lasted for 3 weeks, and then my wife dropped the petition so she could keep me from seeing my children (No visitation rights).

I filed for divorce on March 13th, 2012. Is it possible for me to get custody of my children (17 and 9 years old) because of my wife's prolonged efforts to keep me from seeing my children?

Attorney answers (1)

  1. Timothy A Bradford

    Contributor Level 4

    Answered . False child abuse accusations can be a factor in determining child parenting/custody in West Virginia. You should seek the advice of an attorney who deals in child custody and divorce cases.

    This reply is for informational purposes only and is not intended to create an attorney client relationship. You... more

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Custody in a Divorce

Child custody may be physical or legal. Physical custody covers who the child lives with, and legal custody is the right to make decisions.

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