Child Custody

questions & answers

Question: I moved from AZ to Colorado to live with my mom because of abuse. I had a child with the man that I lived with who is 2yrs old. He has filed for paternity tests and sole custody. In the suit he made some serious acqusations against my mother and father. These statements are false and in no way shape or form can be proved. Can he simply make false statements to the court with no supporting proof of these statements?

Answer: It is difficult to win a case based on unsupported testimony - but not unheard of. In fact, juries frequently have to decide far more serious issues (especially in criminal cases) based solely on whose testimony seems more believable at the trial. Any judge who presides over a custody case would prefer to see *some* kind of evidence (documents, photos, third-party witnesses) to support an allegation of abuse or neglect (your question doesn't say what the "statements" are about), and certainly your ex's case is weaker without it. But you should not casually assume that the court will ignore him for that reason alone.

QUESTIONS

  • I moved from AZ to Colorado to live with my mom because of abuse. I had a child with the man that I lived with who is 2yrs old. He has filed for paternity tests and sole custody. In the suit he made some serious acqusations against my mother and father. These statements are false and in no way shape or form can be proved. Can he simply make false statements to the court with no supporting proof of these statements?

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  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
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    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
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