Defending Against False Allegations

Summary

In Indiana, defending against false child abuse allegations during custody litigation involves responding promptly to DCS, documenting interactions, and gathering evidence. Courts decide custody based on the childs best interest, considering factors like age and parental relationships. Child support is calculated based on parents income and child needs. If you suspect your child is being coached, document behavior, seek a child psychologist, and present evidence in court. Consider consulting a family law attorney for personalized advice.

Full Conversation

Cynthia Kobel
Hi Cynthia! How can I help you today? Could you please share more details about your legal issue?
Defending against false Allegations of child abuse
Hi Cynthia! I'm sorry to hear about your situation. To provide you with the best information, could you please share if there's an ongoing investigation or court case related to these allegations?
There is ongoing litigation over child custody and child support, DCS caseworker left a card at my door and a voicemail just today that I haven't responded to yet
Hi Cynthia! It might be important to respond to the DCS caseworker. Here's some general guidance on what to do next:
- Respond to the DCS caseworker promptly.
- Document all interactions with DCS.
- Consider consulting with a family law attorney for advice.
Would you like information on how to contact a local lawyer who can help you with your case?
No I am a pro se litigant
Case Rating: *
Hi Cynthia! Since you mentioned that you are handling this case on your own, here are a few additional tips:
- Gather Evidence: Collect any documents, messages, or evidence that can support your defense against the false allegations.
- Prepare for Court: Make sure you are organized and have all pertinent information ready for your court dates.
Would you like more specific information on Indiana's laws regarding child custody and child support?
Yes please
Case Rating: *
Sure, here are some key points about Indiana's laws regarding child custody and child support:
- Child Custody: Courts decide custody based on the best interest of the child, considering factors like the child's age, the parents' wishes, and the child's relationship with each parent.
- Child Support: Calculated based on both parents' income, the needs of the child, and the amount of time the child spends with each parent.
If you need more detailed information or have specific questions, feel free to ask!
My son was diagnosed autistic when he was * he is now * whT do I do if I believe he is being coached by his father to say things that aren't true
Case Rating: *
Hi Cynthia! In cases where you believe your child is being coached to say things that aren't true, here are a few steps you might consider:
- Document Behavior: Keep a record of any instances or behaviors that suggest coaching.
- Seek a Child Psychologist: Professionals can assess if your child is being influenced improperly.
- Present Evidence in Court: Gather any evidence that supports your claim and present it during custody hearings.
Would you like more detailed information on how to handle this in court?
Yes please
Case Rating: *
Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
This case has been ongoing since *. I'm the natural mother. The father initiated the case for child support. Timesharing was */* at that time. The father alleged a history of drug use to gain custody which he was never required to provide evidence for yet still won custody.
Case Rating: *
Hi Cynthia! In your situation, documenting everything meticulously and presenting it in court is crucial. Here are some more specific steps:
- Document Everything: Keep all records of interactions, behaviors, and any evidence that might support your case.
- Seek Professional Evaluation: A child psychologist can provide expert testimony about your child's situation.
Would you like to be connected to local lawyers who can better assist you with your case?
No thanks but if I challenged jurisdiction can the judge refuse to address his jurisdiction
Case Rating: *
Hi Cynthia! Generally, if you challenge the jurisdiction, the judge is required to address the issue before proceeding with the case. If you believe the court does not have jurisdiction, you should raise this issue formally through a motion. Let me know if you need more information!
I challenged jurisdiction by a special appearance motion an the judge said he doesn't have to prove his jurisdiction
Case Rating: *
Hi Cynthia! In Indiana, when you challenge jurisdiction, the court is generally required to address it. Here's some general guidance:
- File a formal written motion challenging jurisdiction.
- Request a hearing on the motion.
- Present evidence and arguments supporting your challenge.
Would you like more specific information or guidance on how to proceed with this motion?
Yes please
Case Rating: *
General Guidance for Challenging Jurisdiction in Indiana:
- File a Written Motion: Submit a formal motion challenging the court's jurisdiction.
- Request a Hearing: Ask the court to schedule a hearing on your motion.
- Prepare Evidence: Gather and present evidence that supports your claim that the court lacks jurisdiction.
- Legal References: Cite relevant laws and precedents in your motion.
Would you like more detailed steps on how to prepare and present your motion?
Yes
Case Rating: *
Sure, here are more detailed steps on how to prepare and present your motion challenging jurisdiction in Indiana:
- Draft Your Motion: Clearly state your reasons for challenging jurisdiction.
- Cite Laws: Reference relevant Indiana statutes and case law.
- Attach Evidence: Include any documentation supporting your claim.
- File the Motion: Submit it to the court clerk.
- Attend the Hearing: Be prepared to present your arguments before the judge.
If you need further assistance, please let me know!