Proving Affidavit Fraud in Child Custody Cases: Legal Consequences and Actions to Take
When a parent lies on an affidavit to obtain temporary custody of a child, it can have serious implications. Such actions can cause emotional turmoil and legal complications for both the involved parties and the child. If you believe that your ex-husband's affidavit for temporary custody is fraudulent, there are steps you can take to address this situation. This article aims to provide guidance on how to navigate this legal predicament and the potential outcomes.
Understanding Affidavit Fraud in Child Custody
When a person provides false information in a legal affidavit, it is considered perjury or affidavit fraud. Perjury occurs when someone deliberately lies under oath, and this can have severe consequences, including fines and imprisonment. While not all men engage in such deceptive behavior, it is crucial to recognize that it does happen, and steps must be taken to protect your rights and the well-being of your child.
To determine if the affidavit fraud can be proven in court, it is essential to gather evidence that clearly demonstrates the deception. For instance, if the affidavit states, 'I know the contents to be true to my personal knowledge,' and this statement is found to be false, the court may take action. However, the ultimate decision lies with the judge, as they have discretion in such matters.
Legal Consequences of Proving Affidavit Fraud
If you can prove that the father in your case lied on the affidavit, the court may choose to either entirely dismiss the custody order or refer the matter to Family Court. In my experience, the judge is likely to resolve the issue with a firm warning or a stern lecture to the father involved. Additionally, the father may be ordered to cover the costs of the legal proceedings, as judges are accustomed to addressing lies in custody cases.
What to Do If You Have Proof of Affidavit Fraud
If you have proof of the fraudulent affidavit, the first step is to seek legal advice. You can contact a legal aid attorney in your town, who can offer free consultations and provide guidance on your specific situation. These attorneys are state-funded and will represent you in court at no cost.
To find a legal aid attorney, you can look in your phone book or search online. After meeting with the attorney, you will need to present your evidence to the judge in Family Probate Court. This court handles cases related to child custody and child support. It is crucial to have legal representation, as navigating the complexities of divorce court alone can be overwhelming and potentially detrimental to your case.
It is also important to understand that lying in a divorce court, such as in a custody affidavit, can result in significant consequences but does not automatically mean the case will be dismissed. You would need to prove the fraudulent claim during the trial, and the judge will decide based on the evidence presented.
Conclusion
Proving affidavit fraud in child custody cases is a serious matter, but it can be addressed with the right legal representation and evidence. The consequences of such deceit can be severe, but with the help of a legal aid attorney, you can protect your rights and ensure the best interests of your child are considered in court.