Q: False abuse claims affect my custody in NY. How to report perjury?

A: I understand how difficult and frustrating this situation must be, especially when you feel that false allegations have negatively impacted your custody arrangement. In New York, false abuse claims can significantly affect custody decisions, and it’s important to address any perjury or defamation of character in the appropriate manner. Here's a breakdown of your options for reporting false claims and potentially correcting the record.

Firstly, it’s crucial to note that false statements made in court are taken very seriously in New York. If your ex-spouse made false abuse allegations under oath, this could constitute perjury, which is a criminal offense under New York Penal Law § 210.05. Perjury involves knowingly making false statements while under oath, and it can lead to criminal charges. However, perjury cases can be difficult to prove, as the burden of proof is on the party bringing the claim to show that the statement was intentionally false.

In your case, since the judge indicated in the record that they did not believe the allegations were true, it seems the court may have already evaluated the credibility of the claims. While this is a positive sign for you, it does not automatically mean that the false claims will be rectified or that any criminal action will be taken. If you believe that your ex-spouse's statements meet the legal definition of perjury, you could report the issue to the District Attorney’s office or file a criminal complaint. However, keep in mind that criminal prosecution for perjury is relatively rare, and the decision to move forward with charges rests with the District Attorney's office.

If your goal is to correct the custody record and present your new evidence, you may need to petition the court for post-judgment relief. New York law allows for the filing of a motion to modify custody or a motion to vacate the judgment based on new evidence that was not available during the original trial. This may give you an opportunity to present the evidence you have (such as the text messages and social media photos) and ask the court to reconsider the custody arrangement. While this process can be challenging, a family law attorney can help you navigate it and file the necessary motions to bring this evidence to light.

Regarding defamation, if the false abuse claims caused harm to your reputation, you may have grounds to file a civil defamation lawsuit. However, this would be a separate legal matter from the custody case, and pursuing defamation claims does not directly affect your custody situation. It is also important to note that defamation claims can be difficult to prove in court, and they require showing that the statements were made with actual malice or reckless disregard for the truth.

Your best course of action would be to consult with an experienced family law attorney who can help you assess whether you should pursue a motion to modify the custody order based on the new evidence, or if you should take any further legal action regarding the false statements made in court. While it can be frustrating to deal with false claims, there are legal avenues to explore for correction and potential consequences for perjury.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: False abuse claims are the standard in the industry because domestic violence and child abuse carry the possibility that federal funding will flow to the state to defray the cost of such litigation. DOGE has not yet looked into this. However, the statutory authority compels a divorce judge to consider the effect of domestic violence on a family, and custody rulings will go along with those considerations. What is young father to do?

The short answer is nothing. The asker's attorneys are correct. The appellate lawyer said that the appellate court cannot consider additional evidence, and the divorce lawyer is correct in that the asker must accept his situation.

Where the appellate lawyer is only partially correct is that no award of custody will stand unless supported by a sound and substantial basis in the record. The trial judge can make whatever decision he wants from the case, but the appellate court has a de novo authority to modify a judgment based upon its own interpretation of the facts and application of law. The appellate division can even assign a new law guardian for the child if they choose. Perhaps the appellate lawyer wanted to save the asker a ton of money for an appeal. New York is one among few states that have such an appellate policy: a second look at the facts and filling in the blanks.

Assuming the asker is late in filing his appeal, then he must accept the situation as is. His cardinal error right now is mulling his facts in his head and seeking to turn back the hands of time to a point where a mistake was correctable. This is not possible. Abuse allegations run the court because federal matching funds fuel this litigation. Even if the asked could turn back the hands of time and offer accurate and true responses, the court is at its pleasure to refuse to accept the asker's explanations, and proceed to judgment on the words of the "victim." That is another cardinal error the asker makes: the court is engaged in an indirect conflict of interest seeking federal money rather than treating the parents equally. The asker's facts will matter for nothing.

This means the asker must stop imagining a brighter future in the past and must stop planning for future law suits against the mother of his child. She enjoys testimonial immunity of a nature unknown in the law because of federal domestic violence and abuse legislation. The asker must assume all her claims are true because the judge backed her up. There is no correcting the record; there is only moving forward and petitioning for changes as the mother's situation changes. Neither the district attorney nor the state's attorney general cares about the asker's plight. The attorney general sued Trump as that is her political objective; hers is not to assist ordinary New Yorkers.

The asker must contact his appellate attorney if he did not exceed the deadline for his notice of appeal for a chance at change.