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John Domestic
John Domestic, Lawyer
Category: Family Law
Satisfied Customers: 4631
Experience:  Over 13 years of Experience in Family Law.
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Hello I am going through a divorce. There is some information

Customer Question

Hello I am going through a divorce. There is some information I need to give and hopefully you can help me understand my rights.

As a child my older brother was molested and acted out on other children. He was taken to a mental hospital and tested and treated until they determined he was not a threat to anyone. However now that I am in a divorce a social worker said that my son should not be allowed around him because he is a threat. Her suggestion is not based on any abuse since he was about seven only on the fact that my ex now wants me to have to live in Dallas. Is there anything I can do about this. My brother lived with four children for over eight years that were his girlfriends as well as has visitation with his biological 8 year old daughter. In his adult life no one has ever accused him of any wrong doing against a child.

There is also my uncle. He was accused of indecency with a child and the case was looked into by local Law enforcement. He was never arrested and after the children were investigated the local law enforcement and cps determined that the children had been coached by the mothers family. There has never been any other accusation made against him. However the lady doing the social study said he was also a threat to my son.

This lady did not try to contact anyone other than my soon to be ex and myself, but she wrote the report and turned it into the court.

My ex husband never limited contact with these people and my son during our marriage and I think the only reason he is doing it now is to try to limit geographical location to Dallas Texas.

Based on what I have said what advice can you give me. If you need more information I will be happy to give it.
Submitted: 5 years ago.
Category: Family Law
Expert:  John Domestic replied 5 years ago.
Thanks for trusting Just Answer. As an attorney I will answer as clearly as possible. I ask for you Accept my answer so I am paid when we are done.

The court is going to make custody decisions based on a "best interest of the child" analysis. This means that the court will consider all information that you can provide about the nature of your relatives as well as the testimony and report of the social worker.

Based on all of this information the court will decide on what situation would be best for your child. As you know, the court is likely going to err on the side of limiting access of your child to the relatives if there are strong allegations that they have a history of abuse. Unfortunately, all of the information about the past of your relatives is relevant information that can be presented to the court.

If your relatives would present themselves to psychological testing and such you may be able to get the social worker to change her report. It would not hurt to ask her if she has a test that they could take regarding abuse or neglect. You may also want to ask them to take a lie detector test. The lie detector test is admissible if no party objects to its entry into evidence.

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