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What happens to people who lie to get custody?

Lynnwood, WA |

One parent lied to win custody. Made other parent who had custody for years look bad custody was taken away from that parent given to other parent. Now parent who has custody doing parental alienation not letting other parent see child. Parent can't afford attorney to go back to court. If one can prove other side lied everything they said under oath was a lie to make other side look like terrible person and them look like a perfect person can something be done? Its like they got rewarded to lie. I would think this would make a judge mad that a person came to court made up lies and pulled one over on the judge. when the child was never in danger and was happy and had a good relationship with the parent who had custody but now there is no relationship. What can be done?

Attorney Answers 3


Yours is one of the most perplexing situations that face parents, attorneys, guardian ad litems and judges. Children suffer. The time to show the lies was in the court hearings in which the judge heard evidence and then made decisions. Now, depending on the lies, what evidence you now have to prove the lies are actually lies, what the situation is with the child, what your WA law is on the issue of modification of custody decrees, what your personal situation is if viewed by a judge, you might schedule a meeting with law enforcement or the DA (perjury), file a motion to set aside the decree (depends on how long ago, whether you knew then and failed to defend against such lies, and more), file a motion to change things now (without being too dependent on the past hearing, just going with the way things are now), or, as one psychologist suggested as the best method, see what you can do to influence the other parent. Seek help from legal aid. Find an attorney who will work pro bono or in trade for what you do (barter). You come across as a loving parent. I wish you well.

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The time the act was when the lie occurred, not after the fact. There are procedures in place to vacate decrees and court order, but they have to be filed in a timely manner pursuant to court rule. To allege someone is lying is very, very different than proving the same. I fear that without counsel, you will not make a lot of headway. Court rules and procedures are simply too complex for a person without legal training and expertise to navigate.

The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.

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It's difficult but not impossible to right such a wrong. These cases are very complicated and difficult; the cost of pursuing justice in such a case is high. The wronged parent should consult with an experienced attorney, and try to line up family loans if necessary to finance the case.

This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes

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