Why the Other Parent May Fabricate Domestic Violence Allegations in a Kansas Custody Dispute

There is no dispute that domestic violence is a serious issue that impacts the lives of many victims.  However, domestic violence allegations can be a tool that is abused for purposes of gaining an advantage in a Kansas child custody dispute rather than a shield to protect someone from family violence.  While it might seem unfathomable that anyone would fabricate a claim of domestic violence, the danger of false allegations stem from the powerful role that domestic violence can play in a Kansas divorce or paternity case.

Under Kansas law, there is a rebuttable presumption against joint custody being awarded to any parent in a divorce or paternity case with a history of domestic violence.  This means that any allegations made against a parent must be taken very seriously no matter how specious the allegation.  If this presumption did not exist, there might be a temptation to simply allow protective orders to be imposed when a party does not wish to have further interaction with his or her soon to be ex-spouse or paramour.  Given the enormous impact of protective orders, false allegations of domestic violence merit an effective response to prevent these accusations from having a long-term impact on your parent-child relationship.

This presumption against joint custody is not the only way that domestic violence allegations can impact a Kansas paternity or divorce action.  If you are the subject of false allegations of domestic abuse, you may even be subject to an order requiring that you vacate your family residence.  When a spouse or the other parent seeks a residential exclusion order (sometimes referred to as a “residential kick out order”), this can create an enormous disadvantage in a custody case even if the allegations are unfounded.  While you are subject to the residential exclusion and protective orders, you may have little access to your children so the other parent is acting as the primary caregiver during this time.  While there will be a subsequent evidentiary hearing where testimony will be taken and other evidence considered to evaluate whether the allegations have merit, you may end up with no contact with your children in the interim.

Fortunately, the news is not all bad if you are subject to “trumped up” allegations of domestic violence.  If you have an experienced Kansas child custody attorney like Tom McDowell represent you, he may be able to prove not only that the allegations are untrue but that they are part of a pattern of parental alienation.  When a Kansas family law judge determines that allegations of domestic violence were made to interfere with the relationship between the accused parent and his or her child, the court may consider that when allocating parenting time.

Wichita, KS family law attorney Thomas C. McDowell is committed to being part of the solution and not part of the problem when families seek to resolve complex divorce or paternity issues related to their children.  Mr. McDowell has been practicing law for over two decades and uses this experience to guide his clients past the difficult emotions that can derail constructive negotiations on child custody, parenting time and visitation issues.  When a negotiated solution is not realistic, Mr. McDowell is prepared to zealously pursue the best resolution for his clients and their children.  We offer a free consultation so that we can evaluate your situation so call us today at 316-269-0746 or submit an online case evaluation form.