Legal Question in Family Law in Colorado

Alleged false accusation in the context of divorce

Did teen daughter's accusation go through the system?If it did, your friend is vulnerable despite the recantation and therefore must use extra care if he begins the divorce process.He should consult local attorney for local laws. BUT. . . if no charges were brought before, he might want to take the offensive and bring charges of mental abuse by Mom. If Mom truly is not well, then the children's best interests may be with him as custodial parent. The danger in all of this is the timing. If he merely files for divorce without having gone against Mom first, Mom can make accusation of abuse/rape while divorce is in process. Unfortunately, the agencies tend to believe the parent who is the first to bring the charges. Often times it isn't even the belief itself which holds sway, it is that the social workers rend to rubber stamp what the social workers before them have written. Therein lies the danger: they will not retreat from the position they have previously taken. Embarrassment? fear? The reason for the human dynamic is secondary. The fact is that they rarely, if ever, will stand back and review the position they've committed to at an earlier point in time.So, can yur friend seek a divorce. Sure. Should he? Sure but only after the utmost of care, strategy and planning.Remember, in these cases, taking the offensive is always the safest. He should consult and deal with only the trully savviest attorneys he can find. Freedom can be expensive!