Phoenix Custody Attorney Explains Factors That Can Impact Custody Matters Between A Husband And Wife?
March 24, 2016

If The Wife Or Ex-partner Is Accusing You Of Abuse To Get More Money Or A Favorable Custody Arrangement, What Steps Should Be Taken?

It is appalling to see how often allegations of abuse are lodged against good fathers. If a father has been accused of abuse that he did not commit, he needs to immediately seek legal advice. This is a nasty situation to be in and it requires a legally aggressive response.

In Arizona, a person is permitted to record conversations as long as they are participating in those conversations. So one thing that a person can do, if he suspects the other parent is going to try this despicable tactic of falsely accusing him of abuse, is to record all conversations that he participates in with that other parent.

Of course, he should first obtain legal advice to make sure that he should be doing this in his particular situation. There are exceptions to every rule. There are some situations where the client is advised not to record the other parent. Another thing this person who is falsely accused of abuse should do is verbally (affirmatively) deny any false allegation. For example, if the other parent sends him a text accusing him of abuse, he should text her back something stating that no such abuse ever occurred.

A very important exception to denying the abuse allegation is when the police try to talk to him. If that happens, he should not say anything more to the police than his name and other information to verify his identity. There is a helpful YouTube video entitled “Don’t Talk to the Police.” You can access it from the Thomas Law Office website, the Thomas Law Office YouTube Channel, or by going directly to YouTube and searching for the video entitled “Don’t Talk to the Police.” Everyone should watch that video because it gives you a good understanding of all the ways you can be harmed by talking to the police even when you are completely innocent. Again to watch it, you simply go to YouTube and type in the search field “Don’t Talk to the Police” and you will easily find the video.

Another important thing to remember is that falsely accusing someone of abuse can have severe consequences. A.R.S. 25-415 states that a court shall sanction a litigant for costs and attorneys fees if the person knowingly presented a false claim of domestic violence. The court can then impose additional sanctions and hold the person in contempt. The court can even modify the legal decision-making or parenting time if appropriate. This is a relatively new law that is another advancement for father’s rights. It can be used to shut down the other side’s attacks on the partner. It doesn’t always work but by using a variety of strategies and defenses, the odds of obtaining justice increase dramatically. It is important to have this kind of despicable and evil behavior exposed and punished.

Do Courts Favor The Woman When It Comes To Child Custody?

Although this can’t be proven, it is believed that the courts still favor women when it comes to child custody. They also favor women when it comes to spousal maintenance, also known as alimony. When you go to the courthouse and watch hearings, you will see that fathers are still facing an uphill battle to be seen as equals when it comes to parenting children. But things have been improving greatly for fathers over the past decade, so fathers should not be discouraged. They just need to understand that their attorney is going to have to work much harder than the mother’s attorney, all other things being equal.

A positive development that has occurred over the past decade or two is that judges are far more open-minded now than they ever have before, and the laws have been changing in a more positive direction for fathers. It would be great to see Arizona adopt a statutory presumption in favor of joint legal decision-making authority and equal parenting time, but unfortunately there are not too many groups that lobby on behalf of fathers. Mothers have the feminist lobby and other organizations that will stand up for them. Also, mothers as a whole have a tendency to better organize themselves, as compared to fathers.

There are some brave legislators in Arizona who continually attempt to pass father-friendly laws. Unfortunately, many times those bills get squelched by the mother’s lobby. The there is another question that often arises, and that is if it makes a difference whether the judge is a woman or a man. Experience shows that fathers tend to get better results with female judges. The older male judges sometimes have traditional viewpoints on parenting, falling prey to the old belief that the mother is the most suitable parent – especially for a young child. But these are general rules and there are many exceptions. That is why it is important that you retain an attorney who is familiar with the local judges.

Female judges, on the other hand, are working professionals. They are not as likely to feel sympathy for a stay-at-home mother of young children who refuses to go to work because she wants to continue doing things the same way they were done when the couple was living together. These judges often have children of their own and realize that a parent does not always have the luxury of being able to avoid working a full time job outside the home.

If you need information regarding Factors That Can Impact Custody Matters Between A Husband And Wife, call the Thomas Law Office, PLC for a consultation at (602) 788-1395 and get the information and legal answers you’re seeking.