It is also important to note that the burden of proof always rests on the shoulders of the accuser, not the shoulders of the accused.
Wild accusations often fly into custody battles. Many parents fight tooth and nail to keep their children after a divorce and will do whatever it takes to retain custody. Sometimes they are even willing to bend the truth. Allegations of child abuse are taken extremely seriously in Maine, and it’s true that a parent guilty of abusing their children is unlikely to spend much time with them after a divorce. However, making false claims about child abuse is also incredibly serious, and it will likely backfire for parents who attempt this risky strategy.
If you want to address your child custody dispute as effectively as possible, you should contact a qualified, experienced Maine child custody attorney as soon as possible. These lawyers can help you tackle this difficult situation with confidence. Working with a reliable lawyer eliminates the need to take unnecessary risks. Your attorney can help you maintain custody without the need for false accusations.
The welfare of the child
All decisions related to child custody are made after considering the best interests of the child. Each state defines these best interests slightly differently. In Maine, a judge considers previous cases of abuse committed by a parent when making custody decisions. If a parent has abused their children, they are more likely to receive restricted visitation rights. The court may also order these visits to be monitored to ensure the child’s safety.
However, it is also important to note that Maine specifically lists “whether either parent lied about abuse to gain an advantage in custody proceedings” as a factor to consider when assessing the best interests of the child. In other words, parents are actively punished for lying in court about abuse, and are more likely to lose custody if they attempt this risky strategy.
The burden of proof
Hammer; Photo by Sora Shimazaki from Pexels.com.
It is also important to note that the burden of proof always rests on the shoulders of the accuser, not the shoulders of the accused. In other words, “innocent until proven guilty” is still the basis of the legal system in the United States. If your ex-spouse falsely accuses you of abuse, they must prove “without a reasonable doubt” that you did in fact abuse your children. If you haven’t done anything wrong, you usually don’t need to worry.
Get the help of a qualified attorney today
If you have been searching for a qualified, experienced child custody attorney in the Portland area, there are many legal professionals ready and waiting to help you. Contact one of these attorneys and you can give yourself the best possible chance of a positive legal outcome in your custody battle. While it may seem tempting to make false allegations of abuse in a child custody case, this strategy can seriously backfire. With that in mind, legitimate instances of abuse can certainly help a concerned parent stop their ex from causing further harm to the children. Whatever the case, it is always important to get help from a qualified attorney. Book your consultation today.