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What legal rights do I have if my abusive husband makes a false claim against my mental health to get emergency custody of our children?

“What legal rights?”

You ask “What legal rights do I have if my abusive husband makes a false claim against my mental health to get emergency custody of our children?”

I don’t think the question as you worded it is the question you meant to ask, so I will answer both the question as posed and answer the question as I believe you meant to ask it.

If your husband makes false claims regarding your mental health in an effort to get custody of your children awarded to him on an emergency basis, you have the right to confront them and deny them. It’s not your burden to prove you aren’t a dangerous crazy person, it’s his burden to prove that you are. The burden of proof, however, is a principle that is sadly becoming more honored in the breach than in the observance, so it certainly won’t hurt you if you can refute his claims, as opposed to merely denying them.

So you have the right to appear and answer to the false allegations your husband makes against you. That includes the right to deny the allegations and to require that your husband prove his allegations by a preponderance of the evidence (in some jurisdictions the burden of proof may be clear and convincing evidence).

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/What-legal-rights-do-I-have-if-my-abusive-husband-makes-a-false-claim-against-my-mental-health-to-get-emergency-custody-of-our-children/answer/Eric-Johnson-311

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