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.

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

  1. suzie says:

    my husband did molest my kids. dyfs ( children services) was called and they took my kids. Now the are going to give them back to their father. The one that has been hurting them. He has money and I do not. Can any one tell me what to do. Seems like money always wins out whether right or wrong. If dyfs gives him those kids back the same thing is going to happen. Someone please help me, I am going out of my mind. and I don’t know where to turn. Desperate to help my kids and get them back with me in a safe loving environment. thanks

    • admin says:

      Dear Suzie,
      There are cases where DYFS makes no sense. I am assuming he will be getting the children back because they think you caused false allegations. Depending on how the allegations came about, there may or may not be things that can be done. Genuine abuse is a terrible thing. This organization realizes that there are injustices on both sides of this issue and that is why we advocate “SCIENCE” so strongly. Feel free to call us to see if we have any suggestions for you.

      Kim Hart
      National Child Abuse Defense & Resource Center

  2. GMA says:

    My complements – this is a great site.
    As a person who was charged with aggravated sexual battery against a minor child in Virginia in 1985 (my biological daughter) for, as the charge read, “rubbing the back of my neck against my daughter vagina while my daughter was fully clothed while transporting my daughter” and the fact that I took the recommendation of an inexperience attorney and accepted a plea bargain of “continuing the case for five year on probation” (the case was dismissed in 1990) I recommend that anyone charged should seek an experience attorney who has experience with these cases ASAP (I can’t stress this enough).

    As someone that experienced this and has lived with the aftermath for 25 years, I can, from experience, share that the process is a life-changing event. The roller coaster of emotions is unbelievable, the probability that friends, colleagues, and relatives will lose their trust in you is high, the probability of loss of income is also high, and there is a high probability that (and this is what happened to me) your family will end in a divorce and, most likely, a lost of child custody and/or all contact (two biological daughters – I lost contact with the alleged daughter for 18 years and I continue to have mistrust in her presence (though she is a grown female I greet her only with a hand shake and will not be in her presence alone at any time) and the other daughter died (I found out about the death five years after the event)). There is a realistic possibility or relocation and a career change and, most likely, loss of professional credentials, seniority, and reputation (and this is if the case was dismissed or if a verdict of “Not Guilty” is rendered).

    Maybe a support group can be established for survivors of false child sexual abuse allegations can be established.

    • admin says:

      Dear GMA,
      Thank you for sharing your experience and I am sorry you know anything about it. There was a support group 30 years ago but it could not survive and we just do not have the man power or finances to organize one again. It is much more difficult then one realizes.

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

  3. sarah says:

    my 13 year old son is being accused of molesting my cousin’s 7year old daughter I dont believe he did it and the investigator is saying he’s a victim of circumstance as if he’s already guilty I dont know what to believe the mother of the daughter and i were friends and had plans and than i get a call saying my son molested her daughter but she wants to be friends but than she turns around and starts slandering my sons name before any investigation has even started its been just over two weeks since she told me and she’s already telling people that she cant even stand and the only reason i can think of is because this person welll spread it all over town and back i do believe that this is deliberate slander there is no physical evidence which doesn’t mean it didn’t happen and i want to belive my son because he has a lil sister and other young kids that he has been around all the time way more than this lil girl and there has never been a problem i want to know why all of sudden this is happening the lil girl said it only happened twice i dont konw what to think but there are waay too many variables that are unexplainable and because his father is in prison convicted of 3 accounts of rape with vionlence and he is still fight the charges and has an appeal they are already considering my son a victim of circumstance

    • admin says:

      Dear Sarah,
      Get your son a very good lawyer. Depending on where you are this allegation could have life long consequences such as the registry for the rest of his life. In some states kids are being labeled as juveniles and it will carry forward. Please put your son first, not your friendship with your cousin.

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

  4. Nicole says:

    I have a male friends who was accused of fondling his stepdaughter 6 years after the incidence supposedly took place when she was a minor. So my question is basically anyone can accuse an adult of sexual assault years later and be found guilty ? His lawyer basically told him admit or do ten years ? I found this situation alarming … no proof word of mouth only by the so called victim? Life sentence on SOR ?

    • admin says:

      Sadly Nicole this can happen and often does. The questions are whether the lawyer knows how to defend these types of cases successfully and whether the defendant can fund the defense to fight it. Sadly lawyers who take these cases for $5,000 in my experience have no intention of taking the case to trial. This is what a call plea fee. A lawyer who is planning on going to trial should tell you about the need for experts and how he/she sees the trial theory progressing. If it ends up being the complainant’s work against the accused (he said/she said) the defendant usually loses.

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

  5. Matthew says:

    I have falsely been accused of touching my step daughter help please.

    ,

    • admin says:

      You need a lawyer. If you cannot afford one, the court will appoint one. Your PD can also call here if he/she want to talk about your case.

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

  6. Matthew says:

    I have falsely been accused of touching my step daughter help please.i am a 24 yr old college student in need of legal
    counsel

    ,

  7. Richard says:

    hello;

    My younger brother has recently been convicted of sex crimes, of which he is innocent, against a former girlfriends two children. He has PD representation on the matter. We are currently prepping for a re-trial and could use any advice/help we can get.

    Please use the attached email to contact me concerning your organizations qualifications and mission.
    Not only am I passionate about saving my little brother from having to do a life sentence, but I’m also very passionate about our civil liberties and personal freedoms. I’m looking for organizations to start getting involved with to help others facing these types of situations.

    If you have a mailing list, please feel free to add my email address.
    looking forward to hearing from you…

    Thank you.

    Richard

    • admin says:

      Our mission information can be found at http://www.falseallegation.org. I am assuming you are working towards a motion for new trial and then the appeal. Make sure you investigate the timeframe you have for filing a post conviction petition which is where ineffective assistance of counsel can be addressed if that is the case. PCR’s however are not a matter of right like a direct appeal. Unfortunately you will have to find a private lawyer to do it!

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

  8. Shirley says:

    My brother was falsely accused of touching his stepdaughter so that the wife who was having an affair could get half of his assets. Because this was his second marriage his lawyer advised him to just take a plea bargain, go to classes and register as a sex offender, so as not to mess up the lives of his grown adult children. That is what he did. He has paid the price for the last 20 years. Many won’t be his friend, condo associations have denied him housing. He can no longer get a job, and the last straw, one of the few pleasures we enjoyed as a family were cruises and now we have been informed by the Carnival Cruise Line they will not allow him to cruise on their ships. In the state where I live my brother would not have to register as a sex offender any more. He’s done his classes paid his dues and never had an accusation against him, nor caught in any criminal crime. Carnaval will not even let him submit papers to show / help justify his innocence. Are there any suggestions of how I can get in touch with someone from carnival that will listen to or review my brother’s situation so that we may have our brother on holidays with us?

    • admin says:

      Dear Shirley,
      Call our office as I have some questions before I can comment on this. Our number is 419-865-0513.

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

  9. Anna says:

    my mother was aaleustsd, and both of us where falsely accused by the perpetrator over an assault case,that could have not cause me stress atoll because our power of operation has limitation, where, we have got responsibility to control what we think, feel and act. But we can’t control how or what people can think about us, our constitution have defined clearly the responsibility of the investigation officer, although people sometime are tricky, we were not arrested because of what the accuser said, but because the investigation officer have neglected his responsibility.i would like to say that many innocent people are suffering in imprison, yet the criminal are bossing freely outside, my accuser demanded to discontinue the trail, after all that i have gone through. one year without finalizing the trial, who can really tell me how he/ she felt for the first time that he/she was arrested? i can not express exactly how i was feeling, but our enemies are only Satan, otherwise revenging would have been the best option.

  10. Ashley says:

    Hi my boyfriend was falsely accused and convicted of touching his 1 year old half brother by his bad tempered step dad. Him and his step dad never got along because he was a very abusive man to my boyfriend mother. The step father got tired of my boyfriend disrespect & bad mouthing and figured the only way he could get him out of the house and away from him period is to say he touched his 1 year old brother. The police believed him and locked my boyfriend up without any type of proof. My boyfriend is from a small town and isnt rich at all so he couldn’t afford a lawyer. He was given a public defender that made him take a plea bargain. He was 17 at the time. He did 5 years and been out for a year now on probation. The probation is so tough that he cant do anything, not even find a job! 8 years + of his life ruined just because somebidy lied on him! Now we are looking into lawyers and want to reopen the case and prove his innocence. What would be your recommendations on it?

    • admin says:

      Dear Ashley,
      Do not have false hopes here. Chances are nothing can be done but call the office and we will try to refer a lawyer who will tell you honestly what your options are. Our number is 419-865-0513.
      Kim Hart
      Exec. Dir.
      National Child Abuse Defense & Resource Center

  11. dennis says:

    my son was faslely accured of murder case which he did not do and he needs help

  12. MARK says:

    I too have been accused of molesting my two step daughters about 12 years ago. My ex-wife accused me once she found out I was going for custody of my son. I was on supervised visitation for about 1.5 years.
    I hired an expert in child psychology. The State Police investigated the claim by doing forensic interviews with the children and by interviewing the mother. It was clear she was using this as a tactic to get custody. I finally got custody back in 2006.
    My ex had substantial problems and I had to do the work for my attorney. I am a Police Officer and worked non stop on proving my case. She was investigated for Munchausen by Proxy. This is one of the hardest cases to prove, but she lost all rights to take my child to the doctor unless it was a emergency.
    She has now found a new tactic. My son in now 15, and she is coaxing him to move in with her. She has turned my son against me and he believes he doesn’t have to follow any of my rules.
    Just this week my son whom I love came at me. He and I wrestled to the floor where he struck his eye on my camera. My body camera was not on as I didn’t feel the need to have it on in my own house.
    I am now being investigated by the state police and CPS. I have talked to both the investigating officers and CPS and feel they side with me on what happened. However she filed for an emergency protective order. I went to court and while I was given back custody I felt the judge was against me. He did not listen to my side of the story and told me I am not to put hands on my son again, and I need to give my son back his cell phone even though it was taken away for bad grades. When the judge commented on the incident at hand he told me not to use corporal punishment on my son again and if he is not behaving and I quote. “I don’t know what you do.” “I guess you call the police.”
    So now I am worried about the prosecutor filing charges on me plus my son going to live with his mother. I did nothing but take my son to the ground like I am trained to do with anyone. My son admitted to police and CPS that he came after me. So now I am building my defense just in case and this is all do to a vindictive ex wife.

    • admin says:

      Dear Mark,

      As hard as this might sound, think long and hard about keeping your son with you! He IS an active participant in your ex’s lies. You were lucky this time but your son has been completely empowered and you have none. You know you will lose your job if a complaint is believed. You can call me and I will be even more direct but be careful you might get what you ask for. I realize parents concerns about letting the kids go where they want but at the end of the day you cannot help your child (once an adult) from jail! Feel free to call me at 419-865-0513 if you want to discuss your options further.

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

  13. Justen says:

    Please help. I being accused of molesting my 4 year old daughter. There’s a long history of high conflict,filing restraining orders, domestic violence charges and other charges against me and all of them have always been dismissed or beaten through trial. This supposedly occured on the weekend I last had my child. I had gotten into an arguement with my ex over custody the evening I went to drop off my child. We also got into an argument over her new boyfriend sleeping in bed with my child. The next day she called me and we talked and we came to an agreement that we would be civil with each other. That night she took my child to the hospital and told them that My Child said that I had pulled her pants down and rubbed her vagina. I tried to go get my medical records from the hospital and was greeted by 3 security guards and told I was denied access to my childs medical records even though I have a parenting plan and all rights to her records. It took over a month for me to get ahold of DFS to see what was going on with my case and when I finally talked to them they told me that they were going to substantiate the allegations because they had medical proof of redness and discharge her vagina and that my Child had told them that I had came into her room and pull her pants down and did this. My ex is a evil evil woman who has tried through many avenues to try to have me arrested and thrown in prison. I have proof of all of this but DSS said that they acknowledge our volatile past but they did not care to hear any of my proof of evidence of anything or care to hear my story. I feel like my whole life is been pulled out from underneath me like some tablecloth trick. My ex’s friend that lives with her babysits My Child and her daughter did the same thing to two other guys in the past. This woman hates me and wants me to freaking rotten prison for something I didn’t do. I am lost in severely depressed and it feel like I have no way of getting out of this. I’ve offered up phone numbers and witnesses that were around me the whole weekend pictures everything and they still didn’t care. I feel my life is the dad is / with / false allegations something that I didn’t do. Please help me

    • admin says:

      Dear Justen,
      Call the office 419-865-0513 and we can talk about what has been done and what you might still be able to do.

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

  14. Anita says:

    Our daughter was given back her child for an accusation made against her father and myself( mother) dcf is involved. Our grandson has lived with us off and on since he was born, even had temporary custody of him for a time. This last time he lived with us 8 months,dcf paid for our daughter to get her own place because of her case worker. She didn’t have either child as they were with one father and us. The caseworker/dcf took him out of our house due to an accusation that was placed in 2008, was closed, but dcf still used it against us, he then went to my oldest daughters house, the case worker took him from there as well. my daughter committed a third degree felony, and was given back her son. The caseworker found her a place with a family, but I recently heard that the case worker had written down another allegation against us, this has hurt me in more ways than one with the defamation of character she has placed on us. we will never be in a position to help our grandson because of these allegations that are unfounded and untrue. what should we do to clear the case worker from writing such things? and if my daughter does have to do time, we wouldn’t want him in foster care. But what the caseworker is writing makes us look like pedophiles, and i would never hurt my grandson. I go to therapy for this and my anxiety and depression has gone up from all this. but it gets the case worker off the hook should anything happen to our daughter or grandson.

    • admin says:

      Dear Anita,

      Talk to a lawyer. If you are substantiated or indicated by this worker, check into an administrative appeal. Trying to clear your name is the first step.

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

  15. Angie says:

    I am writing because my fiance has been falsely accused of sexually abusing his daughter. Forensic Evidence has shown there is no signs of sexual abuse but being as how the ex ( childs mother) hates he has moved on with me she is adding fuel to the fire. He is a marine and has served our country and he would never do this to his child. If I even thought for a minute he would have done this I would be the first to tell you to lock him up and throw away the key but I know him and he would never harm his children. His public defender has became friends or conversates with his ex and hasn’t been to see him at all and if he calls the PD’s office he is always away from the phone. He finally was able to talk to him yesterday and he said that “he believed he did it and the reason he does is because he was molested as a child” Really???? What in the world?? His on PD is convicting him? Please help us! We can’t afford an attorney and I know my God will see us through this but I am just at my wits end I do not know what to do? He was denied bond in October.

    • admin says:

      Dear Angie,

      Call the office and I will try to give you some suggestions. The number is 419-865-0513.

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

  16. Lonnie says:

    I lost a plenary order of protection in court. I demonstrated that before the custodial parent began the process, no one who investigated the claims and her social worker (with whom the minor has had an ongoing relation for two years.) coo berated the minor’s claims. only the CAC video collaborated her claims. I tried to demonstrate the custodial parent has a history of using to court to hurt me, but the judge was not concerned.
    Help please

    • admin says:

      Dear Lonnie,

      Call the office 419-865-0513 for some possible suggestions.

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

  17. Renae Haro says:

    Hello my name is reanae. I live in Fresno Ca.i need some help with an attorney to prove my innocense.i an being accoused of touching my 8year old cousin which never existed its a lie that i need help with

    • admin says:

      Dear Reanae,
      Call the office for a referral. Our number is 419-865-0513. We do not post referrals.

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

  18. Tomecca Neely says:

    I am a 34 year old mother of four children. My daughter is 15 and my sons are ages 14, 11, and 7. My 15 and 14 year old had begun expressing their desire to live with their Father. Because I have been a very active mother in their lives, I declined because he is much more lenient with them and they had begun to do what teenagers do. They complained about the housework that had to be done and not having enough “friend” time. To make a long story short, their Father had a death in his family and asked if he could bring the children to Maryland to pay their respects. Thinking nothing of it since he has always brought my children home, I let them go. All four of them went with him. He never brought my children back and worse, he has made allegations that I am abusive and neglectful toward my children. He removed my children from their normal school and relocated outside of the county that me and my children were living in. He has also managed to gain custody of my children and I am not allowed any contact with them. This situation took place on September 2, 2015. CPS has been involved me and declared me a competent and safe parent. Despite these findings, I have had to endure supervised visitation and limited phone calls. Keep in mind I have been actively involved in their lives since birth. I also need to mention that I had gotten engaged in August after 12 years with my Fiancee’. I don’t understand how he seems to be winning this case and I have not been charged with anything, I have not tested positive for any drugs, and I do not use alcohol. I did hire an attorney and he failed to be able to get my 11 and 7 year old back in my home. Did I also mention that my ex is not the biological father of these younger children. He knew this with the 11 year old and signed the birth certificate but he signed my 7 year old’s birth certificate behind my back because we were still “legally” married but had been separated for quite some time. I am starting to really lose faith in the legal system because he is keeping me from having that wonderful bond with my younger children the longer this case drags on. What can I do to get my babies back? How is he able to completely alter their lives and exclude me from them?

    • admin says:

      Dear Tomecca,
      You are in a very difficult position because it seems the children might be knowingly supporting the lies. Have any of your children been returned home? Call the office and we will be happy to make some suggestions, if we can, that you might be able to give to your lawyer. Our number is 419-865-0513.

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

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