Polygraph Tests in Family Court

Should You Take a Polygraph?

When you're facing false allegations, the idea of taking a polygraph to prove your innocence is appealing. But polygraphs in family court are more complicated than they seem.

Admissibility: The State-by-State Reality

In most states, polygraph results are not admissible as evidence in court. Judges generally cannot consider them in their rulings. However, there are important exceptions:

• Some states allow polygraph results by stipulation — meaning both parties agree in advance to admit them
• Some judges will consider them informally even if they're not formally admissible
• Some states allow them in limited circumstances (like probation or supervised release conditions)

Check your state's rules. Your attorney can tell you exactly where your jurisdiction stands.

When a Polygraph Helps

• Informal credibility boost: Even if not admissible, passing a polygraph can influence settlement negotiations. The other side's attorney may advise their client to back off claims if you passed.
• CPS investigations: Some CPS agencies use polygraphs as part of their investigation. Passing one can accelerate case closure.
• Prosecutor decisions: If false allegations led to criminal charges, a passed polygraph can influence whether charges are pursued.
• Court of public opinion: In custody cases involving extended family, community, or employers, a passed polygraph can restore your reputation.

When It Can Backfire

• False positives: Polygraphs are not 100% accurate. Anxiety, stress, and the nature of the questions can cause false results even when you're telling the truth. False positive rates vary but are estimated at 10–15%.
• Failing is devastating: If you fail (or the results are "inconclusive"), the other side will find out and use it against you, even if informally.
• It suggests you needed to prove innocence: Some attorneys argue that taking a polygraph implies you had something to prove.
• Cost without admissibility: Spending $200–$800 on something the judge can't formally consider.

How to Find a Qualified Examiner

If you decide to proceed, choose carefully:

• Look for a member of the American Polygraph Association (APA)
• Ask about their experience with family court cases specifically
• Request a pre-test consultation to understand the process
• Ask about their accuracy rates and methodology
• Cost: $200–$800 depending on location and complexity

The Strategic Considerations

Discuss with your attorney before scheduling:

1. Is there a strategic advantage in your specific case?
2. Can you get the other side to stipulate to admissibility before you take it?
3. What happens with the results if they're unfavorable?
4. Are there better ways to disprove the allegations (witnesses, timeline evidence, records)?

What Attorneys Generally Recommend

Most family law attorneys advise:

• Take one if the allegations are completely false and you're confident in your truthfulness, AND your attorney believes it will help strategically
• Don't take one if there's any nuance to the situation, if you're extremely anxious (can cause false readings), or if there are better forms of evidence available
• Offer to take one (even if you don't follow through) — the willingness itself sends a message

Next Steps

1. Discuss polygraph strategy with your attorney first
2. Focus on gathering other forms of evidence
3. If you decide to proceed, use a qualified APA-member examiner
4. Never take a polygraph administered by the opposing party's chosen examiner