Her nephew is lying

[tiredad]

IL I'm being accused of being inappropriate sexual in nature with my daughter, this makes the third time. I got a phone call at 2:20 in the morning from my ex girlfriend saying her nephew spilled his guts and if I go near them she will send me to prison. We have a 5 year old daughter that I love more than anything so that's going to be a problem. The first time there was a 3 month investigation with very few supervised visits, by DCFS that was unfounded, the second time lasted a couple of weeks then visitations went back to normal, she was mad at me, and now again. I don't know what to do, I can't afford an attorney. Child support is thru the court but visitations are not and for the most part works out good because i get more visits. I'm tired of this, what should I do?

[AFFA]

Re: Her nephew is lying

I wish to inform you that you must give in writing about possible false charges which may be made against you. Further if nephew has cut his guts then this fact can also be included along with call details to show that you were not present on the scene so that law enforcement can know that there are chances of possible false reporting. You can have modification of custody from court and obtain sole custody of your child so that your girlfriend may not affect your custody.

AFF

[formula1129]

Re: Her nephew is lying

I wish to inform you that you must give in writing about possible false charges which may be made against you. Further if nephew has cut his guts then this fact can also be included along with call details to show that you were not present on the scene so that law enforcement can know that there are chances of possible false reporting. You can have modification of custody from court and obtain sole custody of your child so that your girlfriend may not affect your custody.

AFF

@AFFA. I think you misunderstood the poster. He said the nephew spilled his guts, meaning he told everything to a person/people. It doesn't mean he cut his stomach/guts physically.

[Friend In Court]

Re: Her nephew is lying

IL I'm being accused of being inappropriate sexual in nature with my daughter, this makes the third time. I got a phone call at 2:20 in the morning from my ex girlfriend saying her nephew spilled his guts and if I go near them she will send me to prison. We have a 5 year old daughter that I love more than anything so that's going to be a problem. The first time there was a 3 month investigation with very few supervised visits, by DCFS that was unfounded, the second time lasted a couple of weeks then visitations went back to normal, she was mad at me, and now again. I don't know what to do, I can't afford an attorney. Child support is thru the court but visitations are not and for the most part works out good because i get more visits. I'm tired of this, what should I do?

If these allegations result in prosecution or civil action against you, there are legal remedies. For criminal that results in exhonoration, it's called malicious prosecution and one can be awarded damages. If civil action is brought and that shot is lost in court, abuse of process.

You will need court ordered visitation with this gal who is being erratic in allowing you and your daughter to spend time together. One thing you could do is ask the court to order a mental evaluation on the mother. That is not uncommon in custody matters and although custody may not be an issue when you are raising visitation, it may be appropriate considering the false allegations she is raising -- it may also show her attitude towards you and your rights to the child.

If she withholds visitation, then I cannot see how you get more visits. Think also of the impact on the child -- expecting you at a given date and time -- and suddenly you do not show-- until her mother cools off. She may be raising these allegations in front of the child, too, with effect you can only imagine.

You have a DCF investigation report that shows the allegations were unfounded. That is in your favor. A psychological profile or even Family Court investigation can be helpful to your petition. Courts can order Family Court investigations of living conditions and the parents when custody or visitation, home circumstances, etc. are an issue. Everything is not worked out on the motion calendar.

One point I would offer is that all things being equal, in custody matters, custody goes to or can be modified to go to the other parent when it is proved the custodial parent is alienating and non sharing.

[tiredad]

Re: Her nephew is lying

Thank you. It's not over I'll be back.