Being falsely accused of child abuse, whether by your spouse, a family member or someone outside of the family creates a definite challenge for the accused. It can summon up feeling of hatred and scorn towards your accuser, especially if you were accused by your spouse as an outcome of an argument or as a ploy to gain custody in a divorce action.
Keep your emotions in check. An emotional outburst from you when you first hear the accusations will do nothing to help your case. If you must say anything, deny the accusations, but do not say anything else. If the person relating the accusations is not the accuser, try to find out who the accuser is. You will need to know if your spouse or another close family member is the person making the accusations, or if it is an outside source, such as a teacher or guidance counselor making the accusations. A family member or spouse will have firsthand knowledge as to whether or not they are making things up, while a third party can only rely on what is being told to them by the child or another family member.
Check your child in the presence of an individual you trust for marks and bruises. The child's pediatrician may be very helpful in this situation. If you do see marks and bruises, discuss the issue with the pediatrician and advise him or her where you believe the child may have received the marks and bruises (i.e., did the child fall off his bike recently, etc.). Document your visit and findings.
Contact the Department of Family and Child Services and advise them that you have been accused of child abuse. Advise as to whether or not there are bruises and marks on the child, and if so, where the child got the bruises and marks. If the marks are from abuse from another family member or third party, advise the department that you suspect that person of abuse. Advise as to whether or not you are going through a separation or divorce. Advise them if your spouse or the third party has a drug or alcohol problem. Let the department know you will be contacting your attorney. Document your visit and/or conversation.
Contact your attorney and explain the situation. Advise that you have already contacted the Department of Family and Child Services. Ask your attorney about defending yourself against the allegations. Show him the documentation from the doctor or other party who helped you examine the child. Show your attorney the documentation of your visit or conversation with the Department of Family and Child Services.
Ask your attorney about home studies and psychological examinations. These are usually required if you are going through divorce and are fighting for custody. They can also help in cases where you were falsely accused of child abuse.