Legal Question in Family Law in New York

False Abuse Claims by Minor

My husband has two teenage children from a previous relationship. He insists that he cannot enforce the 'house rules' if the kids refuse to obey because they have threatened to call the police and tell them they're being abused. We have a friend who is a police officer and he says this a growing trend among teens. Can children really hold the upper hand in this type of situation? My instinct is to tell them to go ahead and call since there will be no substantiation to the claim.


Asked on 1/03/07, 5:18 pm

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: False Abuse Claims by Minor

Your husband is copping out. He is the parent, they are his children, he has to take a primary role. That being said, if the children scream "Abuse" while there will be no "substantiation" you can have headaches.

Even a false accusation can cause problems because every allegation of abuse needs to be taken seriously and investigated.

That being said, and I know you didn't ask but is it possible your husband is using the "abuse" threat as a way of avoiding some other issue? Does he disagree with the house rule you want to be enforced? Does he feel you are overly harsh on his kids? Most parents don't let their children run roughshod over them out of fear of an abuse allegation.

It may be time that you had a talk with your husband to find out what's going on and how its effecting your relationship with him and his children. Whatever the outcome, in no case should you take the primary disciplinarian role. They are not your children and you will come across as the evil stepmom no matter what you do.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 1/04/07, 10:27 am


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