Arizona CPS and Divorce
Most cases in family court do not involve Arizona Department of Child Services.
Unfortunately, if there’s an allegation of child abuse or child neglect called into DCS then there will be an investigation.
If there’s evidence found of abuse or neglect, the Court, in accordance with A.R.S. §25-403.03 or A.R.S. §25-410 has the authority toprevent any overnight parenting or order supervised parenting time.
If, on the other hand, a parent makes a false allegation of child abuse or neglect, then according to A.R.S. 25-403 they are not acting in the “best interests of the child,” and the Court may sanction that individual.
Wikipedia claims that the overall rate of false accusations of child abuse can be as high as ten percent, and the vast majority of those occur during divorce and child custody battles.
A false allegation to get back at someone, or take advantage of a situation is reprehensible, and can do harm to the minor child as well as the falsely accused.
If you’re the target of a false allegation of child abuse during a custody battle, get an experienced attorney. Call Enholm Law at (602) 889-6273.