Law Office of Roland R. Esparza, P.C. - San Antonio Personal Injury Attorney

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Call Toll Free 888.447.9456
Local Calls 210.807.8158

Hablamos Español

Make Payment Lawpay

Our first priority is our client’s health and safety. Due to COVID-19 our office is taking precautions to keep our clients and their families safe. We have expanded our options for remote consultations. Please contact our office to discuss whether a phone consultation or video conference (FaceTime or Zoom) is appropriate for you. Thank you.

When accusations of child abuse are proven to be false

Child custody cases in San Antonio may often become heated given both the raw emotion that the parties involved may feel towards each other and the sense that both may have that each should be awarded primary custody. Such factors may even prompt one side to level accusations of child abuse against the other in the hope that doing so will help his or her custody case.

When such accusations are made, those who face them may worry that the seriousness which such allegations carry may create an unfair bias against them. They may believe that investigators may go into the review of such a case already believing that they are guilty, simply because it may seem unthinkable for their accusers to level such charges without merit. However, statistics seem to indicate that investigators are able to remain objective in such cases. Study data shared by the National Coalition for Child Protection Reform shows that of the 3.5 million reported cases of child abuse reviewed, over 2.8 million were proven to be false.

The Texas Family Code addresses cases where false accusations of child abuse have been made. It states that any report made of child abuse that the accuser knows lacks a factual foundation will be deemed false. If this happens, the accuser could be fined up to $500. Furthermore, the evidence of that false report may be used against him or her in any subsequent hearings determining child custody.

Notice, however, that the law specifies that the accuser must know his or her claims to be false. If one makes an accusation believing the charges to be true, yet they are later proven not be, he or she may avoid any of the consequences imposed by this statute. 

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Law Office of Roland R. Esparza, P.C.
325 S Flores St.,
San Antonio, TX 78204

Toll Free: 888-447-9456
Phone: 210-807-8158
Fax: 210-227-5353
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