This is an advertisement.

Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
SHARE THIS ARTICLE:
Print PDF

Question:

My ex had me committed to a psyche evaluation against my will via the sheriff, in an affidavit based on perjured statements. This evaluation and affidavit set the tone and had me paying for a second evaluation and placed me under supervised visitation for 6 months. I have since settled and regret the entire matter.

Do I have recourse to sue civilly for her actions and their consequences in the matter? To this day I deal with the fear that she may again falsely accuse me so as to eliminate me from my daughter's life.

Answer:

It is definitely aggravating to participate in a divorce when your spouse consistently invents lies to manipulate the outcome of your case.

The most appropriate approach in handling this type of situation is to consult with an excellent attorney. An attorney who is well qualified in the area of domestic relations will be able to effectively cross-examine the opposing party so that each lie is pointed out for the judge. This would have been helpful in your case because the judge could have made an impartial and more reasonable visitation schedule for you than what you ultimately agreed upon in your divorce settlement

Sadly, as you indicated, it is your child that suffers most when parents choose to battle their disputes by spreading rumors and false statements. Based upon the facts that you provided to me, it is reasonable for you to fear that your ex-wife may continue to create lies about you to destroy your relationship with your daughter. 

Fortunately, in Missouri, to modify a parenting plan there must be a continuing change in circumstances that is substantial enough for a judge to determine that the original parenting plan is no longer useful. Unless the facts as you explained them change, it does not appear that your ex-wife will be able to allege facts substantial enough to modify the prior arrangement; therefore, your visitation should remain the same. 

I understand that your divorce is already settled and that you are also now concerned about pursuing a remedy in civil court for the damages you sustained due to your ex-wife’s perjury.  While this is a serious matter of concern for you, I must advise you that I am an attorney that solely practices domestic litigation and the area of law that you are inquiring about is civil.  For a more in depth and detailed answer to your question, I urge you to consult with an attorney that practices civil law. 

With that being said, if you were to pursue a civil case against your ex-spouse, you could cause her to take a defensive stand and subject yourself to an even more bitter battle where she may allege problems that were worse than before. Sometimes, it is better off to take a more cautious approach in matters such as yours and simply refrain from pursing a law suit altogether. 

Again, please understand that my opinions are based upon the limited facts that you provided to me. For a more in depth discussion of your legal rights, I urge you to contact an attorney immediately.   

Cordell & Cordell has well qualified and experienced men’s divorce lawyers located nationwide, including many in Missouri, if you require additional legal assistance. 

 

Michelle Hughes is an Associate Attorney in the Jefferson County, Missouri office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Hughes is licensed in the states of Missouri and Illinois, and the United States District Court for the Eastern District of Missouri. A native to metro St. Louis, Ms. Hughes received her BBA in Economics and Finances from McKendree College. She later received her Juris Doctor from Thomas Cooley Law School where she graduated cum laude.


Comments (4)Add Comment
0
...
written by BigD, December 29, 2010
I am SO sorry to hear about your situation! I find that an ex-wife will lie to control the situation... typically money and children. Unfortunately, it is at the cost of the children.

I am fearful of the same situation... what was it that she "claimed" that forced the evaulation? Seems like it would need to be a very large claim to force the evaluation.

Thank you and good luck!

BigD
0
There is no justice in family law for fathers!
written by JS, August 05, 2011
"An attorney who is well qualified in the area of domestic relations will be able to effectively cross-examine the opposing party so that each lie is pointed out for the judge."

FYI...just b/c your lawyer points it out, and everyone in the courtroom sees it for a lie, that doesn't mean the judge will see it or base a ruling on the facts. Honestly...12+ years of custody and my ex bringing me to court 5 different times has shown me that 1) she gets away with a lot b/c she is female and, 2) the judge only wants to get you out of the court room and off the docket as quickly as possible. Unless mom is smoking crack in the court room during the trial (and that's still might not be enough if the judge is just blindly pro-mom), fathers get the shaft in custody cases.
0
...
written by john, December 04, 2012
I have just started with the accusation from my wife. She is turning my children against me.
0
mom
written by sadmomsadson, June 18, 2014
Courts don't investigate. My ex-husband lied; thus, my son lied. I went to jail under false accusations, and the courts did nothing to help. Any of their "help" was a sham. PACT (like CPS) lied, and didn't correct their mistakes, the court-appointed counselor dropped my son a few weeks before court, and at the courthouse, a court "investigator" spoke with my son and myself for about ten minutes each, and decided the child didn't want to see me, so that was enough for her to recommend my son going with his lying dad for full custody. Lawyers tell me nothing can be done because my son was 9, now 12, and won't stop lying. This is what my son is learning - that this form of child abuse is okay, and the court system enables parents (like my son's dad) to raise a child under such horrid pretenses. This kind of shameful self-centeredness is exactly why I left my ex. The courts are disgusting in the US. Years later, I haven't heard anything from my son, but continue to try to send letters. If I try any other contact, my son will be coerced by his dad to lie, and the courts will allow it, and I don't want my son's childhood taken from him any more than it has already been taken away.

Write comment
smaller | bigger

busy
Divorce, Child Support, Alimony Information.
Men's Rights Website
Contact DadsDivorce.com