Temporary Emergency Custody Based on lies

[rks4491]

What is the name of your state? Florida
My daughter and son-in-law are in the process of a divorce and this week he filed for emergency custody based on false allegations which is perjury. First off based on the evidence my daughter has and the witnesses to telephone conversations, transcribed telephone conversations she has, recorded threatening voice mails he has left, etc. what can she do. No decision yet from the judge, and, of course as parents we do not feel a judge would grant this order without proof, what can she do about the false statements she has made. He admitted to her and my husband he did this on purpose to get back at her for her atty sending a letter to his advising him to stop harrassing her, using derogatory language, etc. to protect his job in law enforcement. I appreciate you listening from a concerned Mother.

 

[LdiJ]

Well, first you have to understand that your daughter and son in law have equal rights where the children are concerned. Therefore, the judge is free to award temporary custody to either one of them.

Judges are also pretty good at figuring out who is making false allegations or lying. Your daughter has an attorney, let her attorney do his/her job.

 

[rks4491]

Thank You

Have you seen cases like this where the statements were false and proven false for emergency temporary custody? Could he be prosecuted for making false official statements?

 

[rks4491]

Documentation Very Important

I saw several posts where the asker was advised to keep a journal. It is extremely important, especially when minot child custody issues are involved to document phone conversations, keep voice mails, and by all means have witnesses who can testify if needed. I am so thankful my daughter has kept the documentation of conversations, saved voice mails, had the person on speak phone with witnesses to hear, etc. Although this is very upsetting in the end this thorough record keeping will be my son-in-law's undoing and prove why my daughter should have full custody of her 1 year old son.

 

[Gracie3787]

Have you seen cases like this where the statements were false and proven false for emergency temporary custody? Could he be prosecuted for making false official statements?

Yes, I've seen cases where the info was false. The Judges just denied the request and verbally admonished the party that lied.
I've never seen a case where the party that lied was prosecuted. Probably because the most important thing is that custody was denied.