Q: A woman gets her husband arrested. Goes for custody of the child. In the case they find that the woman lied. Can the husband then go back and get custody of his child? Does lying in a criminal case affect custody of the child if the family court is running together with it?
A:David’s Answer: Having been found to have committed perjury is certainly a factor the Custody Judge can consider, but it would be 1 factor amongst many. The Judge would also need to consider such factors as the extent of access time the non-custodial parent has had, the preferences of the child, how long the current order/agreement has been in place, etc. Schedule a consult with a Bronx Family Law attorney for a full assessment.