In high-conflict custody cases, emotions can run high. But when accusations cross the line into false allegations, the stakes become even higher, especially when you consider your relationship with your child being at risk.
For families throughout Montgomery County and the DMV, these situations can feel very personal and quite overwhelming. We asked Lloyd Malech, founder of Malech Law, to share some insight on how courts view false allegations including what you should do if you find yourself in this situation.
Q: My ex is making false allegations about me in our custody case. I feel confused and very concerned. What should I do?
Lloyd: False allegations can feel like an attack on your character and your parenting. But this is not the moment to react, instead take a moment to think strategically.
Family courts deal with accusations regularly. Judges look for facts, patterns, and credibility. Allegations by themselves do not determine outcomes.
If the claims are untrue, the other party must prove them. Your job is to protect your position with careful documentation and strong legal guidance.
Early action matters. The sooner you involve counsel, the more control you regain over your case.
Before taking action, contact your attorney to have a discussion.
Q: Why do false allegations happen in custody cases?
Lloyd: Custody disputes can bring out intense emotions. Sometimes a parent feels scared, angry, or desperate about losing time with their child and makes claims hoping to gain a tactical advantage.
Other times, mental health issues may play a role.
Common false allegations include: abuse (including sexual abuse, child abuse or spousal abuse), neglect, substance abuse, mental instability and unsafe living conditions
While every case is different, courts are aware that allegations can be exaggerated or untrue. In many cases, this is why judges rely heavily on supporting evidence, documentation, and credible testimony.
In family court, proof, not accusation, drives outcomes.
Q: What is the biggest mistake people make when they’re falsely accused?
Lloyd: Reacting emotionally.
It’s completely understandable to feel angry or defensive. But sending heated texts, posting on social media, or confronting the other parent can seriously hurt your case. Everything you say or write can become evidence.
Staying calm, respectful, and child-focused is one of the strongest things you can do to protect yourself.
Stay in control, especially how it relates to your case and your communications.
Consistency across your texts, emails, and court filings is important.
Q: How can I protect myself if the allegations aren’t true?
Lloyd: Documentation is your best defense.
Keep organized records of:
- Text messages, emails, and voicemails
- A parenting journal with dates and factual details
- School, medical, or activity records
- Communications from teachers, doctors, or caregivers
Facts carry far more weight in court than accusations. The more organized your documentation is, the stronger your position becomes.
Q: Should I try to prove the other parent is lying?
Lloyd: The goal isn’t to attack the other parent. The goal is to establish your credibility.
A strong legal strategy focuses on:
- Presenting clear, objective evidence
- Identifying inconsistencies
- Allowing the court to reach its own conclusions
Working with neutral third parties such as custody evaluators, a guardian ad litem, or mental health professionals, is far more effective than arguing back and forth.
You still need to be proactive. Develop professional relationships with those involved in your case. Ensure your voice is heard through proper legal channels and avoid emotional confrontation.
Q: What role do custody evaluations play in these situations?
Lloyd: A significant one.
Courts often rely on independent professionals to assess the family dynamic. These evaluations provide an objective perspective and help the court understand what’s really happening.
When allegations are false, third-party evaluations frequently bring clarity and balance to the situation.
Q: How should I behave while the case is ongoing?
Lloyd: Conduct yourself as if your actions and communications could be reviewed in court, because they very well might be.
Be thoughtful, strategic, and professional in every interaction. Follow court orders carefully. Communicate clearly and respectfully. Show consistency in your parenting and decision-making.
Judges pay close attention to stability, credibility, and judgment. The parent who presents reliable, responsive and focused on the child’s well-being, rather than the conflict, is the one who builds long-term credibility with the court.