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when someone accuses you of doing drugs to try and win the divorce case what is entitled if there is no proof and its only hear say from the other party

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Location: Tulsa  |  Law type: Family law attorneys
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im currently going through a divorce with my minor children involved their father was charged with child abuse on old from him rer son that wo do not have together. he was sentenced and did 85% of his time. with that in mind he wasnt doing me right and he was treating me bad because of his own issues so i left him me and my two children with him have been living separately for over 9 years now. sonw he is starting to be petty and bash me because he knows that this is a serious matter to me. he want the kids to go to sand springs school and he wants to get full custody and he just wants me out of the picture for his own insecurities now he is stooping all the way llow accusing me of doing drugs and all of this other stuff what are the steps i need to take to address the court of this false accusation

 i am pro se at the moment i need all the help i can get

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Legal Solution

The response provided below is specific to Family law attorneys in the jurisdiction of Tulsa. If the response is inadequate, please submit a detailed inquiry.

Addressing False Accusations in a Custody Battle

In your situation, where the other party is accusing you of drug use without any actual evidence, it's crucial to understand how the court typically handles such claims. Courts tend to rely on verifiable proof, especially when it comes to matters involving child custody. Here's how you can address this:

1. Request Evidence or Discovery
Since you are being accused of drug use, you can ask the court to compel the other party to provide evidence supporting their claim. This process is known as discovery, where each party can request documentation, proof, or witnesses from the other side. If your ex-partner cannot provide any legitimate evidence, the claim may be dismissed as hearsay. Hearsay, or unsupported allegations, typically hold little weight in family court without corroborating evidence like drug tests or police reports.

2. Voluntary Drug Testing
To demonstrate your commitment to the truth and prove the accusations false, you can voluntarily submit to a drug test. Courts appreciate proactive behavior, and passing a test may significantly strengthen your case. Make sure the test is performed by a certified, reputable facility, and submit the results as evidence to the court. This will counter the accusations effectively and show that you are not involved in any illegal activity.

3. Focus on the Best Interest of the Children
When addressing the court, emphasize your children’s well-being and how you have been providing for them. The court’s primary concern is always the best interest of the children. Highlight how you’ve been the primary caretaker for the past nine years, ensuring their safety and stability. Be specific about the daily responsibilities you manage, the school arrangements, and your children’s routine, and how your ex’s accusations are baseless distractions from these important matters.

4. Prepare Statements and Witnesses
You can gather written statements from people who know you well, such as friends, family members, or even teachers or doctors, to provide testimony to your character and your ability to care for your children. Witnesses can help corroborate your side of the story and counteract baseless accusations from the other party.

Disclaimer:

This information is for general knowledge and does not constitute legal advice. Consulting with a licensed family law attorney for personalized advice is highly recommended, especially if representing yourself in a custody battle.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Family law attorneys

A Family attorney in the United States is a lawyer who assists clients with civil legal matters, such as "child custody", "alimony", "domestic violence" or "divorce" cases. The "family law" candidate should have at least 2 years of family law experience. These experiences may include divorce proceedings as well as child custody and counseling. Browse our database of family lawyers and get a free family law consultation.

  • Marriage, civil unions, and domestic partnerships (domestic violence)
  • Adoption and surrogacy
  • Child abuse and child abduction (child custody, child care)
  • The termination of relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards
  • Juvenile adjudication
  • paternity testing and paternity fraud
  • more about family law at wikipedia

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"when someone accuses you of doing drugs to try and win the divorce case what is entitled if there is no proof and its only hear say from the other party"

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