Handling False Accusations in Custody Cases

Few things are more painful or frustrating than being falsely accused of wrongdoing during a custody dispute. Allegations of abuse, neglect, or substance use can quickly change the tone of your case, and even impact your time with your children. Unfortunately, false accusations are not uncommon in high-conflict custody situations.

If you’ve been accused of something untrue, it’s important to stay calm, take the right steps, and protect both your reputation and your parental rights.

Why False Accusations Happen

False accusations often arise out of fear, anger, or an attempt to gain leverage in a custody dispute. Common motivations include:

• Seeking an advantage in custody or visitation negotiations
  
  
• Retaliation for perceived wrongs during or after the relationship
  
  
• Misunderstandings blown out of proportion or taken out of context
  
  
• Influence from others, such as friends or family encouraging one parent to “fight hard”

While false claims can be damaging, Washington courts are experienced in recognizing when accusations don’t align with evidence.

Step One: Stay Calm and Don’t Retaliate

It’s natural to feel angry or defensive, but emotional reactions can make things worse. Avoid contacting the other parent to “set the record straight” or posting about the situation online. Anything you say or do could be misinterpreted and used against you later.

Instead, focus on gathering facts and following your attorney’s advice before taking any action.

Step Two: Document Everything

The best defense against false accusations is thorough documentation. Start keeping a record of:

• All communication with your co-parent (texts, emails, social media messages)
  
  
• Your parenting time - keep a log of exchanges, visits, and events
  
  
• Witnesses who can speak to your parenting and your child’s wellbeing
  
  
• Any evidence that disproves the accusation (for example, receipts, photos, or location data)

If your co-parent makes repeated false reports, note each one. A pattern of false allegations can damage their credibility in court.

Step Three: Cooperate with Investigations

If a child protection agency or law enforcement becomes involved, cooperate respectfully. Even when the accusations are false, refusing to engage can make you look defensive. Be truthful, provide documentation, and avoid volunteering unnecessary information.

Your attorney can help you prepare for interviews and guide what to say, and what not to say, during the process.

Step Four: Work Closely with Your Attorney

False allegations require a strategic, evidence-based response. Your lawyer can:

• Request records and reports to identify inconsistencies
  
  
• Subpoena witnesses or professionals (teachers, doctors, counselors)
  
  
• File motions to limit or dismiss unsupported claims
  
  
• Ensure the court hears your side clearly and credibly

An experienced family law attorney understands how Washington courts assess credibility and evidence in custody disputes.

Step Five: Focus on Your Child’s Wellbeing

While it’s tempting to focus entirely on clearing your name, the court’s main concern will always be the best interests of the child. Continue to show that your priority is your child’s safety, stability, and happiness. Keep communication respectful, stay involved in school and activities, and avoid discussing the case with your child.

Step Six: Consider Professional Support

False accusations can be emotionally draining. A counselor or therapist can help you manage stress and avoid burnout. If your mental health is challenged, getting professional support not only helps you personally, it can also demonstrate to the court that you’re committed to maintaining stability and healthy parenting.

Being falsely accused in a custody case is incredibly difficult, but you don’t have to navigate it alone. With the right strategy, documentation, and legal support, you can protect your rights and restore your credibility.

At Magnuson Lowell, P.S., we’ve guided Washington parents through complex and emotionally charged custody disputes. Our attorneys understand how to counter false allegations effectively and prioritize your child’s best interests. Contact us today for a telephone 425-800-0576 case evaluation to see if we’re a good fit.

In today’s world, a significant portion of our lives, and now oftentimes our wealth, exists online. From cryptocurrency and NFTs to cloud storage, social media, and digital business ventures, dividing digital assets during a divorce has become increasingly complex. Understanding how Washington law treats these assets can help protect your interests and ensure a fair division.

What Are Digital Assets?

Digital assets include anything of value stored electronically. Common examples include:

• Cryptocurrency (e.g., Bitcoin, Ethereum)
  
  
• NFTs and digital collectibles
  
  
• Online investment or trading accounts
  
  
• Digital businesses or income streams (e.g., YouTube channels, Etsy shops)
  
  
• Domain names or websites
  
  
• Cloud-stored intellectual property or photos
  
  
• Loyalty points and digital wallets

Even seemingly personal items, like digital photo libraries, can become part of a property division discussion.

How Washington’s Community Property Laws Apply

Washington is a community property state, which means most assets acquired during marriage are presumed community/jointly owned property. This includes digital assets if they were created, earned, or purchased during the marriage. For instance, cryptocurrency purchased with marital funds or a monetized YouTube channel developed while married could be considered community property.

Assets owned before the marriage, or those acquired through inheritance or gift, may be treated as separate property. However, if those assets are commingled—such as using marital funds to invest further in crypto, they can lose their separate character.

Challenges in Dividing Digital Assets

Digital assets pose unique challenges, including:

• Valuation – Cryptocurrency and NFTs can fluctuate dramatically in value, making it difficult to determine a fair division point.
  
  
• Tracking and Disclosure – Some assets, like cryptocurrency, are easily hidden or transferred without paper trails. Full disclosure is legally required, but enforcing transparency may require digital forensic investigation.
  
  
• Access and Control – Gaining access to digital accounts can be difficult if one spouse controls the passwords, keys, or login information.

Protecting Your Interests

If you suspect your spouse holds digital assets, your attorney may work with forensic accountants or digital investigators to identify and value them accurately. Keep detailed records, including purchase histories, exchange statements, and account credentials where possible.

Avoid attempting to move or sell digital assets unilaterally. Courts take a strict view on the concealment or dissipation of marital property, and violating court orders can have serious legal consequences.

Planning Ahead
When possible, couples can simplify digital asset division by:

• Including digital property specifically in financial disclosures.
  
  
• Agreeing on valuation dates to account for price volatility.
  
  
• Deciding whether to divide the assets themselves or offset their value with other property.
  
  
• Establishing future rules for handling jointly used digital accounts or data.

Work with Experienced Guidance
Dividing digital assets in a divorce requires legal, financial, and technical understanding. At Magnuson Lowell, P.S., our experienced Washington divorce attorneys work closely with financial professionals to help ensure your digital property is properly identified and fairly divided.

We offer free telephone case evaluations. Contact us today 425-800-0576 to see if we’re a good fit to help protect you in this new digital time.

During a divorce, parents often focus on dividing property like homes, bank accounts, and retirement funds. But some assets, such as college savings accounts, custodial accounts, or a vehicle primarily used by a child, don’t fit neatly into the usual property division framework. These assets are typically held for the benefit of the children, not either parent, and require special care in how they’re managed after separation.

Common Types of Child-Related Assets

• 529 College Savings Plans: These education accounts are owned by one parent but are meant for the child’s future tuition and expenses.
  
  
• Custodial Accounts (UGMA/UTMA): Funds legally belong to the child but are managed by a parent as the custodian until the child reaches adulthood.
  
  
• Vehicles for Teenage Drivers: Often titled in a parent’s name, but primarily used by a child for school, work, or activities.
  
  
• Savings or Investment Accounts for Minors: Sometimes set up jointly by parents or funded by family members as gifts to the child.

How These Assets Are Handled in a Divorce

Unlike traditional marital property, most child-related assets are not divided between the parents. Instead, courts and attorneys focus on ensuring the asset continues to serve its intended purpose, benefiting the child. However, disputes can still arise over who controls or contributes to these accounts after divorce.

Key considerations include:

• Ownership and Control: Who will remain the custodian or account holder?
  
  
• Future Contributions: Will both parents continue contributing to a 529 plan or child’s savings?
  
  
• Usage Restrictions: How and when can funds be used for the child’s needs?
  
  
• Transparency: Will the other parent receive statements or access to monitor the account?

Addressing 529 Plans in Divorce

A 529 plan is legally owned by one parent, who can change the beneficiary or even withdraw funds. That’s why clear language in the divorce agreement is critical. Many settlements include terms requiring:

• Both parents to use the funds only for qualified education expenses.
  
  
• Notice and consent before making withdrawals or changes.
  
  
• Agreements on continued contributions and how future educational costs will be shared.

Vehicles and Other Tangible Assets
When a child drives a vehicle titled to a parent, that car is technically marital property. However, in practice, most parents agree to continue letting the child use it. Settlement agreements often specify who will:

• Retain legal ownership and insurance responsibility.
  
  
• Pay for maintenance, registration, and repairs.
  
  
• Replace the vehicle if it’s damaged or sold.

Collaborative Solutions Work Best

Courts prefer when parents work together to preserve these assets for the child’s benefit. A cooperative, well-drafted parenting or property settlement can prevent future conflict by clearly outlining how each account or asset will be managed.

How Magnuson Lowell, P.S. Can Help

At Magnuson Lowell, P.S., our family law attorneys help parents identify and protect assets meant for their children. We draft practical agreements that balance control, accountability, and flexibility—so you can focus on your child’s future without unnecessary disputes.

If you’re navigating a divorce and have questions about dividing or managing child-related assets, contact us today for a free telephone case evaluation 425-800-0573