Or is the court so used to it that it dont matter. Is it ok to abuse dads There is parental alienation confirmed but dad is now removed from the home trial keeps getting delayed all parenting time was Interfered with by mother. Will any of this matter so far nothing is being done trial keeps getting delayed mother is being established further as prim caregiver with my removal. Lg stays neutral court expenses used as weapon to get custody given up and police as a weapon
As the previous attorneys stated if the mother made false allegations of domestic violence this does matter.
In fact there is a case Mohen v Mohen, where the Second Department reversed the Supreme Court's decision granting custody of the child to the Mother and the Appellate Division awarded custody to the Father.
In Mohen, the Appellate Division stated that
the Supreme Court found, with support in the record, that the mother, on at least one occasion, had filed false charges of physical abuse against the father. Indeed, the record was clear that the mother made numerous false charges against the father. There were four incidents of physical abuse accusations by the mother against the father, in August 2004, December 2004, January 2005, and December 2005. All of the Family Court petitions, when filed, apparently were withdrawn or dismissed. All of the mother's reports to child protective authorities were investigated and determined to be “unfounded.” Moreover, expert medical testimony in the record strongly suggests that, regarding the January 2005 alleged incident, the mother manufactured proof of physical injury to herself. She admitted to the forensic examiner, and confirmed at trial, that the January 2005 incident of alleged physical abuse “might have been an accident.” As a result of the January 2005 accusations, a temporary order of protection was issued against the father that prevented contact between the father and the child for approximately one month. The mother accused the father of having physically abused the child in December 2005 after a visitation exchange, and made a report to Child Protective Services. Records from Maimonides Hospital, where the child was examined the day after the exchange, found the child to be physically normal.
Based on the above evidence from the lower court record the Appellate Division found that the mother's manipulative conduct demonstrates a purposeful placement of her self-interest above the interests of others. Indeed, evidence of false allegations of physical abuse which interfere with parental rights, is “so inconsistent with the best interests of the child that it raises, by itself, a strong probability that the offending party is unfit to act as a custodial parent”
From a reading of Mohen, it is clear that false allegations of domestic violence may certainly be a determining factor in a court awarding custody. However, as evidenced from Mohen, a Court will likely need clear and convincing evidence that the allegations were knowingly false when the parent made them.
You should speak with your lawyer about your trial strategy and if there is any evidence showing that the mother knew the allegations were false when she made them.
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It happens frequently enough that judges aren’t surprised. This doesn’t mean that they don’t take it seriously. It can most certainly make a difference. If the allegations are proven to be true they can and will hurt you in a custody decision and if they are ultimately proven to be false it can hurt the mother. I suggest you review this matter with your attorney.
It matters. How much will depend on how good your attorney is and how much the judge is willing to listen.
Joseph A. Lo Piccolo, Esq.
President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
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