Divorce/Custody Proceedings + Child Molestation Proceedings= False Convictions

Studies show that the majority of child Sexual Molestation accusations that are claimed in child custody disputes are false. Look at this article/blog for the studies. Think about it, it makes sense. If you are desperate to keep your children, as most people understandably are, and are worried that they will be taken away from you, would you do the one thing that you knew would allow you to keep them? Facing allegations that a parent has molested or abused a child, what publicly elected official is going to grant any sort of custody to that parent? Exactly, no judge. That parent is straight-up out of luck.

However, once charges are brought against that parent based on these false claims, not only have they lost the right to see their children, but they are risking spending the rest of their life in prison. But, there are ways to fight these false accusations. It is important to find professionals who are experienced in defending against these false allegations.

David M Cantor is a sex crimes lawyer out of Phoenix Arizona and is a Supporting Member of the NCADRC.

This entry was posted in Uncategorized. Bookmark the permalink.

225 Responses to Divorce/Custody Proceedings + Child Molestation Proceedings= False Convictions

  1. Josh Campbell says:

    my daughter is going on 13 and in 7th grade, she rides the public school bus to school and another child on the bus made up a story saying I (the father) am touching my daughter just to get a rise out of my daughter and now someone at the school was told and dcs is now accusing me of sexual assault and I would never even think of such a thing. why would they believe a made up story from another 11 or 12 year old child? they told my wife and kid to leave the house and Im here frightened and not knowing what to do.. I need some guidance on what my rights are because we went through all this not even 11 months ago with several false allegations of being bad parents and unclean home with no electricity etc. everything neglectful you could imagine. after 9 months of parental and drug classes and drug testing each week and 3 different people coming to my home each week and my kid seeing a child therapist we were all cleared by a judge but here we go again not even a year later with more false claims by a child and Im scared this time due to the severity of the allegations. help please. what should I do?

    • admin says:

      Dear Josh,
      You need a good lawyer. You are right to be scared. Call the office for the name of a referral if you do not already have a lawyer. Our number is 419-865-0513. As you can understand we cannot give legal advice as we are not lawyers. We can however, give you suggestions to talk to your attorney about.

    • admin says:

      Email sent

  2. Tisha Shirley says:

    My name is Tisha. MY dad has been falsely accuse of child molestation. My dad only spoke Navajo and really didn’t understand English. He was accused by a neighbor girl that my mom babysat when she was small. My mom babysat the girl and boy when her mom would go out. My dad worked a lot and would come home and sleep. My dad has seven girls that he raised. The girl mother was the one that had two kids from two different father was under the age of 18. She was a drug addict and the girl was in trouble with the law. The girl came from a broken family that her mother was not really there because she was in rehab for years. All her kids was taken away from her. The mother told the detectives that my family will hate her for what she did. The girl and her mom wanted my dad money but I don’t know what money they were thinking that my dad had. There was three allegations but two was dismissed. His prosecutor told me dad that if he didn’t take the plea bargain that he would spend the rest of his life in prison. He was scared and didn’t want to spend the rest of life prison. The lawyer that my dad hired was good at the beginning of the all this. He would tell my dad that he knew that my dad was innocent. Then all of sudden, he told me dad that he was not able to help him cause he knew the prosecutor that was defending the girl. The judge was didn’t like Navajos so he was prejudice.
    This girl ruined my family by taking my dad from us. We all supported my dad in prison took turns visiting him with our kids. He is a good father to us and a very well respected man. He is a Vietnam Veteran who fought for his country and now he is fighting for his life back. My dad spent 10 years of his life in prison for something that he did not do. He is currently on house arrest but is not able to spend time with his grandchildren. When he was in prison he was able to spend time with them. Please help us prove that my dad is innocent. We desperately need some help.

    • admin says:

      Dear Tisha,
      Sadly there is limited things that can be done when someone take a plea. I would be concerned that your father was forced to waive his appeal rights during the plea. If that happened it limits his options even more. You can call us and we will be happy to talk to you about this if you like. Our number is 419-865-0513.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  3. Melinda says:

    My son is 19 going on 20 and his dad’s girlfriend’s daughter has accused him of abuse. The story of events have changed 2 to 3 times and my son was never given the opportunity to give a statement to defend himself before or after his arrest. He has alibi’s for the accused dates and has now taken a polygraph test which he passed with 99.96%. Yet we feel that the appointed attorney has not tried anything in his defense. We are still waiting for anyone to even try to speak with him. All proceedings with this case have been based off of a little girl that keeps changing her story. Can someone please help us on what to do?

    • admin says:

      Dear Melinda,
      It is a good thing that your son did not talk to anyone to “defend himself.” You can call me and I will be happy to talk to you about the situation. Our number is 419-865-0513.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  4. Amy says:

    So my 9 year old daughter is bipolar and has mental health issues since she was four I have caught her putting things in her underwear and I have reported it to Mental Health my daughter has odd ADHD and bipolar and anger issues she will do anything and everything to get her way and to get all the attention that she wants weather it’s good or bad my nine-year-old daughter has a mind like an adult she has already asked me when she could have sex but lately in the last year the school says she has been masturbating more she does that so she can get out of class so she doesn’t have to do her homework Etc but last week my boyfriend came over and he wasn’t feeling good she came home from school and asked if she could come in the room with us so I told her yeah we were just relaxing and she asked him if he would do helicopter with her so he did but then he told her okay no more I don’t feel good right now so she proceeded 2 throw herself on him she sat on his face or fell on his face 3 * and then he told her to stop multiple times and she got really mad so she fell on the floor and then told him you were supposed to pick me up in a flirty way so I told her she needed to stop she got mad stomp your feet and walked out well on Friday she decided to tell the school that he touched her over the underwear and under the underwear and touch her butt and that we were naked under the sheets having sex so they took her to the police department she said it exactly that to them and now they want to do a criminal investigation on my boyfriend and CPS took my kids from me because I said she was lying and I don’t believe her can we really throw him in jail for that is that even submissible in court after that 4 days later she said I think something went in me so they decided they were going to have her checked there was no physical evidence in the interview she actually told the police that a boy tried to kiss her at school and less than a week later she told me that this little black girl the bullies her she always says nobody likes her her family should be dead she said this girl tried to kiss her and put her hands between her legs if the judge knows all this will he even be trying does he need an attorney a lawyer or should we just let it ride out I am lost he is not mad at her he just wants her to get the help that she needs but we are lost I don’t know what to do she doesn’t know what to do help

    • admin says:

      Dear Amy,
      Your boyfriend and you both need a lawyer. Do not underestimate the seriousness of the allegations and do not assume the “system” will be looking for the truth. If a kid says “it”, “it” is assumed to be truthful in almost all occasions. It is up to the accused to disprove the allegation. It is difficult but it can be done.

      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  5. Ruben says:

    Hello my 13 year old stepdaughter had accused me of recording her in the shower when her mom was gone for the weekend. Since then I’ve had an order of protection placed on me and the alligations have gotten worse. My attorney says we need to wait to see what they are going to charge me with before we take action. What can i do.

  6. Priscilla says:

    Hello, I am currently in my 4th Cps case 1st to go legal. July12th went to court for orders to participate in services for not having anyone to be a part of safety plan due to testing positive and refusing to sign one placing my sons father as a safety plan which judge didnt order. August 20th began outpaitent which i tested positive and wasnt dirty, I admitted guilt to avoid being placed inpaitent, Since then till september 4th when she finally removed kids 5 for unresolved domestic violence and continued meth use. Which she didnt have a UA in docs to court she lied, and proceeded to falsley accuse me of use.by then i was threatened and in a situation which i was desperate to get us out of with no help from her other than forcing me to put Anfrew as a safety plan in order to keep kids with me, until i could find a place to live and have all children with ne. I had reason to believe abuse sexual and mental and emotional abuse towards my children. He has a brother in sapd which he used to threaten me with when he wasnt getting what he wanted out of me. And a longtime friend in supervisor poition with cps unsure who she is however. Julie Griesz lied about being a supervisor when i asked later find out she is.She failed to report, interviewed my children alone on serveral occassions, no recording either. And claimed no outcry in court papers, i have recorded most if our conversation on sept3rd which i stood up for myself and told her that i had gotten a rrferalfrom Dr to child safe to be examined for sexual abuse by father Andrew Martinez. They are terminating my rights blocking me from completing most services. Ordered to complete by 3 judges, and have labeled me the perpitrator in both cases my 10 year old was placed with his father Andrew and 4 other kids are in foster care kinship care. Idk what that means. Because 3 girls arent with family. I just want to protect my children and ensure they no longer be subjected to any Abuse, Which now i know nothing about them and the last visit i had with them was cancelled and never notified me, got nw caseworker after that and she allowed me to attend the first intake with girls and one visit with youngest. Please help Us. My attorney entered an agreement ob sept.16 which i was wanting to cintest the allegations and had proof of the reasons to remove were false and explain what happened and offer the recordings of seot 3which she too later lied about things and i had proof to offer exposing lies. He said it was an agreement to comokete services, or sonething like that i was not aware it was pleading guilty. Have been trying to gather information i know what rights have been violated and have my proof, and am ready to bring forth my case to be heard just unsure of what i should do to reveal the truth and regain custody of all 5 children and begin the healing process and get answers the truth from the kids without the person whos been abusing threatening them and me being the only person they allowed contact woth and he actially took them from st pjs foster care place and my son from his foster home and my children and i were unable to see each other for the holidays my husband and i had suoervised visits and he was taking them out every other weekend alone. They want to keep my son and themselves safe and right now all his threats are reality for them vecause the state is allowing him to have contact and their just trying to survive the gorror theyve been removed too live in vecause my husband and i were positive and they believe Andrew for not being positive two weeks prior he was always drunk and high for two weeks on a daily basis. He and everyone who is helping him get away with abuse have takn my children hostage and we need to hold them accountable and stop them from hurting them more please help us!

    • admin says:

      Dear Priscilla,
      I is unclear where this is taking place so I am going to suggest that you contact law colleges to see if they have law clinics that might be willing to help. You can also call the state bar where you live and see if any lawyers are taking pro bono cases.

      Kim Hart
      Exec. Dir.
      National Child Abuse defense & Resource Center

Leave a Reply to lisa Cancel reply

Your email address will not be published. Required fields are marked *