Legal Question in Family Law in Texas
My husband is trying to get custody of his daughter from a previous relationship. Because the fact that the mother of his child is still bitter in regards to their breakup, she's already informed him that she will fight all she has to so he wont get joint custody of her and so she wont be around me. She falsely claims that I've threatened to kill her and her daughter before but does not have any proof of that. Will her false accusations effect him in court? And do I even play a factor in this, since I'm not the child's parent?
1 Answer from Attorneys
Your husband will need to try to disprove her allegations. I know that proving a negative is a fool's errand that there is supposed to be some "innocent until proven guilty" ethos pervading our system, but that's not how it works in family court. If she makes allegations and he does not address them, the just might assume that the allegations are accurate.
Yes, you do play a factor because you will be around the child. If you had anger or violence issues, then the judge would probably not want you around the child until those issues are resolved. You could be proactive and seek counseling for your supposed-anger against this former wife and then have the counselor testify that you have no issues.
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