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Allegations of Abuse in Maine Child Custody Cases: A Double-Edged Sword

— October 14, 2022

It’s also important to note that the burden of proof always lies upon the shoulders of the accuser, not the accused.

Wild accusations often fly in child custody battles. Many parents will fight tooth and nail to hold onto their children after a divorce, doing whatever it takes to maintain custody. Sometimes, they are even willing to bend the truth. Accusations of child abuse are taken extremely seriously in Maine, and it’s true that a parent who is guilty of abusing their children is unlikely to spend much time with them after a divorce. However, making false allegations of child abuse is also incredibly serious, and it will likely backfire on parents who attempt this risky strategy. 

If you want to approach your custody battle in the most effective way possible, you should get in touch with a qualified, experienced child custody attorney in Maine as soon as possible. These legal professionals can help you approach this difficult situation in a confident manner. When you work with a reliable attorney, there is no need to take unnecessary risks. Your lawyer can help you maintain custody without the need for false accusations. 

The Child’s Best Interests

All decisions related to child custody are made after reviewing the child’s best interests. Each state defines these best interests slightly differently. In Maine, a judge will consider past instances of abuse committed by either parent when making decisions about custody. If one parent has abused their children, they are more likely to receive limited visitation rights. The court may also order that these visitations should be supervised in order to ensure the child’s safety. 

However, it’s also important to note that Maine specifically lists “whether either parent has lied about abuse to gain an advantage in the custody proceedings” as a factor that should be taken into account when assessing a child’s best interests. In other words, parents are actively penalized for lying about abuse in court, and they are more likely to lose custody if they attempt this risky strategy. 

The Burden of Proof

Gavel; photo by Sora Shimazaki from
Gavel; photo by Sora Shimazaki from

It’s also important to note that the burden of proof always lies upon the shoulders of the accuser, not the accused. In other words, “innocent until proven guilty” is still the foundation of the legal system in the United States. If your former spouse falsely accuses you of abuse, they will need to prove “beyond reasonable doubt” that you have indeed abused your children. If you did nothing wrong, you usually have nothing to worry about. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching the Portland area for a qualified, experienced child custody attorney, there are many legal professionals ready and waiting to assist you. Connect with one of these attorneys, and you can give yourself the best possible chance of a positive legal outcome in your custody battle. Although it can seem tempting to make false allegations of abuse in a custody case, this strategy can seriously backfire on you. On that same note, legitimate instances of abuse can certainly help a concerned parent prevent their ex from causing further harm to the children. Whatever the case may be, it’s always important to get help from a qualified attorney. Book your consultation today. 

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