What Happens When a Father Lies in a Custody Case?

If it is discovered that a father has lied under oath in a child custody case, then:

What Happens When a Father Lies in a Custody Case?
  1. His statements may be viewed with suspicion and subjected to further scrutiny by the courts.
  2. His custodial case can weaken and he may even lose custody.
  3. His alimony and child support payments can increase (if he lies about his income).
  4. He can face charges of perjury and/or contempt of court.

Custody battles happen when parents cannot agree on child custody or a parenting plan. Usually, such battles are characterized by intense emotions, high conflict, aggressiveness, and resentment. The high emotional quotient of such cases may motivate a parent to lie or bend the truth because he/she wants the child’s custody desperately. A parent may lie to the courts or in court documents. For example, a parent can lie about his /her visitation rights being violated, monthly income, new partner, substance addictions, or falsely deny allegations of child/spouse abuse.

When a father lies in a custody case, he can face the following consequences:

Negatively Viewed by the Courts

If the mother or the courts catch the father lying, then the father gets branded as a liar and every statement he makes about the custody case can be viewed with suspicion. As an aside, if the courts feel that both spouses are lying, they can order a custody evaluation.

Once the father is caught lying, his earlier statements and documents too can come under scrutiny. The courts have continuous jurisdiction over child custody orders, and if the mother discovers that the father has made a false statement, she can ask the courts to re-evaluate the original custody order.

A Weakened Custody Case

The courts then assess the father’s lies to check if they are going to work against the best interests of the child. If the lies are severe enough to impact the child’s upbringing – for example, a father lying about his monthly income, the quality of his home, or his addictions – then the courts can dig deeper. If they find damning evidence, the father’s custody case can weaken and there are chances that he may even lose custody.

However, when the lies are minor and not serious, i.e., they do not go against the best interests of the child, the courts may overlook them. Still, don’t take the chance. Tell the truth.

Increased Alimony and Child Support Payments

When a father lies about his income, it implies he is hiding income and assets. When this lie is discovered in a custody case, the wife can take legal action and ask the courts to increase the amount she received in alimony with retrospective effect. This applies to child support as well.

Charges of Perjury or Contempt of Court

When it is proven that a father has lied under oath, the courts can find that he has perjured himself (perjury is the act of intentionally making false/misleading statements or signing legal documents that are false or misleading), which is, at a minimum, contempt of court.

Though charging a parent with perjury is rare, the other parent’s family law attorney can file such a charge to extract the truth from the lying parent. If the father is found guilty of contempt of court, he can face fines, imprisonment, probation, and/or community service. The courts award the sentence based on the circumstances of the case. If the father is convicted, then aside from paying the court’s punishment, he may also lose his job, especially if he is employed in a profession in which truth is valued (for example, law enforcement).

Share This Story, Choose Your Platform!
About the Author: Keith Bruss
f7aa3855f1363a52c39b588c2d777f0d26c4b0ccec87fa488246e3d64fb866ba?s=72&d=mm&r=g

WHAT OUR CLIENTS SAY AND WHY

Check out what some of our real life clients had to say about working with Brown Family Law

BrownLaw icon
Excellent
Brown Family Law
Based on 995 reviews
I’ve had the privilege of working with Mr. Schwarz on various projects and would be confident in recommending him for any legal services. As a colleague, he displayed respect, integrity and loyalty to his partners. As a professional, he demonstrated incredible competence, skill and mastery of his field. He cares for his clients and their vision and works tirelessly for them to achieve it. Highly recommend.
Nick Schwarz and I were colleagues and he is extremely thoughtful and cared about clients. He is an excellent attorney and an even better person. He will make an excellent addition to any case.
Fantastic attorney, incredibly knowledgeable and caring. Wonderful attitude with clients. Highly responsive, and acts quickly. Never leaves you hanging.
Dani is the best paralegal I know. Clear communication, professional, and intelligent.
Paul Waldron offers a competent and mindful approach to navigating family law. Thank you Paul for being an asset in our community that we can all depend on.
Truly so grateful for the care and expertise of Brown Family Law. (Specifically Carren and Daniel) I’ve been going through a really difficult time, and having legal support met with such kindness and understanding meant the world to me. They not only provided excellent guidance, but also made me feel seen and supported. I will always refer people here and am so grateful for the compassion I experienced.
I cannot recommend Attorney Nicholas Schwarz highly enough! He is extremely professional, responsive, and truly dedicated to his clients. What sets Nick apart is not only his deep knowledge of the law, but also the genuine care and compassion he shows for his clients. He takes the time to explain everything clearly, answer questions promptly, and make you feel supported throughout the entire process. If you’re looking for someone who will fight for you while keeping your best interests at heart, Nick is your person!
Nick Schwarz is an outstanding attorney who combines sharp legal skills with genuine care for his clients. He is professional, attentive, and deeply committed to helping families through challenging times. I highly recommend him.
Idania is great!! She’s very helpful and attentive
Nick is an exceptional attorney—sharp, reliable, and truly client-focused. He makes complex legal matters easy to understand, responds quickly, and consistently goes the extra mile to deliver results. I highly recommend him to anyone in need of outstanding legal representation.
I've had the pleasure of being consulted by Attorney Nick Schwartz on a few issues I was having and was very impressed by his knack for breaking down difficult ideas into layman terms for me to understand my options better and make the best moves. He's a hard worker, and seems to really love what he's doing. I really enjoyed his positive attitude and candor while we were strategizing.
I highly recommend Nick Schwarz as Counsel. He has helped me with multiple legal issues over the years and has never disappointed. He is thorough and communicative. And, most importantly, he truly cares about his clients.
I had the privilege of working with Nick and his law firm, and I can’t recommend them highly enough. Nicholas Schwarz is professional, knowledgeable, and truly committed to his clients. He took the time to explain every step of the process clearly, kept communication open, and always made me feel like my case was a priority. His attention to detail and dedication gave me a lot of confidence, and the outcome exceeded my expectations. If you’re looking for an attorney who combines expertise with genuine care, Nick and his team are the ones to call.
I’ve worked with Nick on several projects over the years and he always goes above and beyond. He is attentive, detail-oriented, and highly professional. It’s clear that he genuinely cares about his clients. I would recommend him without hesitation. He’s an excellent choice if you need legal guidance.
Attorney Nicholas Schwarz is very personable, passionate, and a great advocate for his clients. Mr. Schwarz has that "grit" to get the job done and is very approachable. His personality and work ethic are truly one of a kind. He is a great lawyer and colleague. I highly a recommend his services if you want competent representation and someone willing to go above and beyond for your case.
I would highly recommend Clay to anyone! He is absolutely amazing and keeps you updated and informed with everything going on with your case!
Paul is a first-class attorney who not only has the skill to stand up for justice and guide your case to a successful resolution, but also demonstrates genuine care for his clients. A truly unique presence in his field.
Clay Randle at Brown Family Law is a master of clarity in the midst of complexity.

I hired Clay to help me navigate a divorce involving contested marital and premarital properties spread across multiple states. The legal terrain was anything but simple. Valuation disputes, and emotionally charged negotiations. Clay handled it all with precision, professionalism, and a calm that made a difficult process feel manageable.

What stood out most was his ability to distill complicated legal issues into clear, actionable steps. He was responsive, strategic, and always one step ahead in anticipating challenges. I never felt lost in the process—Clay made sure I understood my options and the implications of every decision.

If you’re facing a divorce with significant property concerns —Clay is the kind of attorney who brings both legal rigor and human empathy. I’m grateful for his guidance and would recommend him without hesitation.
Dani was very knowledgeable. She answered all my questions in timely manner. Would highly recommend working with her!
Clay really knows how to take care of his clients!
Clay is one of the most knowledgeable attorneys I’ve talked to. He has a great grasp of family law and is an amazing advocate.
I send all my family law clients to Clay. As a lawyer myself, I know how important good representation is. Clay honestly cares about his clients and is a very good strategist. He’s also really funny.
Clay is an amazing, compassionate, and talented lawyer. Highly recommend him and the firm.
David and Dani were very helpful and made my case as stress free as possible.
Great Team. Efficient and smooth process. Excellent communication. Thank you David Hunt.
I’m so grateful for attorney Nicholas Schwarz and paralegal Carren Leavitt at Brown Family Law. From day one, they were ready to work with me immediately, making my case feel like a top priority. Their organization is exceptional, every detail was handled with care and efficiency. Most importantly, their commitment to communication stood out. They kept me informed every step of the way, answered questions promptly, and made sure I fully understood my options.

If you want a legal team that is proactive, organized, and truly dedicated to their clients, I highly recommend Nicholas and Carren at Brown Family Law.
They got my dovorce going and stayed in contact with me every week. Every step of the way anytime I had questions they were answered fast. They made it so much easier.
Clay was great to work with! He was very willing to explain everything I needed to know and helped me understand the options on my case. Very easy to work with.
Jennifer and Dani, as well the rest of the team went above and beyond when it came to my case.
I would highly recommend ‘Brown Family Law’.
My experience with them was exceptional.
Alija
Loved working with Daniel and the whole team. Great service.
Marco and his team at Brown Family Law have created nearly the perfect system for getting divorced in Utah. From the initial intake, to gathering all of the necessary documentation, to the client communication in between. There is so much work that goes into getting divorced, but with Marco and his team you'll always know where you are in the process and what happens next, which is such a comfort. Would highly recommend.
I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.
Response from the owner:Wow, thank you so much. Melanie is great. Glad she helped you so well.
Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.
I couldn’t have made it through my divorce without Clay and his team! I am forever thankful for the hours and time spent with me to help navigate an extremely difficult time in life. They’re reliable, knowledgeable, and know how to get things moving in an efficient manner. Nothing but good to say here!!
Working with Daniel Young at Brown Family Law was a truly positive experience during one of the most difficult times of my life. From the start, Daniel was knowledgeable, compassionate, and incredibly responsive.
If you need a family law attorney who combines expertise with empathy, I cannot recommend Daniel Young enough. He is a true advocate and a credit to Brown Family Law.
Nathaniel and Carren have been absolutely incredible to work with. They kept me informed and in the loop throughout each step of the process. They always answered every question I had in a very quick and timely manner. I could not recommend them more.
This 5-star review is for Nathaniel Garrabrandt at Brown Family Law. Nathaniel was just what we needed. He helped guide us with a level of professionalism, efficiency, and genuine care that made a real difference during a challenging time. He is always thoughtful and respectful, and he never makes you feel like just another case. His communication was clear (with regular check-ins), his advice was solid and uncomplicated, and I always felt that he had his client's best interest at heart as he made suggestions. I’m grateful to have had such a capable and compassionate attorney to work with. You hope you never need these kind of services, but when you do, you want the best... and someone with high integrity. Nathaniel truly deserves all 5 of these stars, in every way.
Russell Yauney was my attorney at Brown Family Law. Throughout the process, Russell and his paralegal Conor, were extremely helpful and patient. They were highly responsive, thorough, and most importantly: did not make me feel insignificant or embarrassed for asking clarifying questions. Russell made himself available and whenever he wasn't, Conor was. The Friday Phone Calls were reliable and I knew I could expect an update each week. The firm's texting abilities also made it easy to send a quick question/concern if I ever needed it. Russell was a fantastic attorney and guide to have throughout my situation. I highly recommend this firm.
This law firm went above and beyond for me and my case. I would highly recommend them to anyone needing a good lawyer for custody issues.
Response from the owner:Thank you, Denney. So glad we could help.
Carren is absolutely amazing! Made things easy and always was helpful explaining.
Shout out to Carlos! Very nice, and knows the value of good legal representation.
Jennifer and Dani did a wonderful job handling my case. The communication and accessibility were top notch.
Brown Family Law is very professional. They use their phenomenal expertise to manage every case with care. I would highly recommend them.
Response from the owner:Thank you, Kim. Glad we could help.
Very thorough and on top of dates and timing for various documents.
My attorney Andrew Christensen was great! He was very helpful while being realistic and upfront with me at the initial consultation. He did a great job of guiding me and answering any questions I had throughout the whole process. My paralegal Carren Leavitt was also very helpful. I appreciated her weekly check-ins, for the aid she provided, and the questions answered.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Schedule a Consultation


What Makes Us Different

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.