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LJN NewslettersNewsSectionsThe Matrimonial Strategist

False Allegations of Sexual Abuse in a Custody Case

BY Joseph P. Bluth
July 28, 2005

In my experience as both a matrimonial and a criminal defense lawyer, the most difficult cases to handle are custody disputes involving false accusations of sexual abuse of a child. The overriding presumptions, that the child must be protected and that the alleged perpetrator is a source of danger to the child, coupled with multiple layers of civil and criminal litigation, require a unified theme with vastly different approaches to the various proceedings. This alone makes this type of case different from any other representation an attorney undertakes.

Immediate Measures

From the onset, it is imperative to take immediate measures to instill in the client a sense of discipline, in order for him/her to begin navigating the perilous course that he/she and the children are about to undergo. While this type of allegation is most often lodged against a male, that is not always the case. There are situations in which it was claimed the mother, or someone with whom she is in a relationship, sexually abused the child. In any event, unwary custody lawyers can do more harm than good if they do not come up with an immediate strategy that is to be prevalent throughout the multitude of proceedings that follow, regardless of whether they are retained to represent the client in all matters stemming from the allegations. Even if the client has another attorney representing him in the criminal proceedings, the custody lawyer must take steps to create a theme that is as applicable to the criminal defense as it is to the custody case, and it must be one the criminal defense will fervently advance. The purpose of this article is to assist the custody lawyer in formulating a successful strategy that emphasizes that the client's focus is on the needs of the child.

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