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Floridalegalanswer
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience:  I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
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What do I do if I am being falsely accused of child abuse?

Resolved Question:

What do I do if I am being falsely accused of child abuse? The child is not mine but the ex-husband is starting to make these claims.. I'm never alone with the child the mother is always there and she knows nothing like that is happening. The ex-husband is a bipolar angry man that is looking to make both of our lives hell and I'm not sure how to protect myself..
Submitted: 2 years ago.
Category: Family Law
Expert:  Floridalegalanswer replied 2 years ago.

Floridalegalanswer :

Hi there!

Floridalegalanswer :

Generally, there would be an investigation conducted by the Division of Children and Families ( DCF )

Floridalegalanswer :

Many times they would come and talk to you and you can explain the situation

Floridalegalanswer :

Have you been contacted yet by DCF?

Customer:

no he's just texting this to her

Floridalegalanswer :

Okay...does he say in the texts what the basis for the abuse allegations are?

Floridalegalanswer :

Also, you should have her save the text messages for proof later on. Sometimes you can forward the texts to your email and save them that way

Customer:

that is punch her in the stomach

Customer:

and hit her in the back

Floridalegalanswer :

How old is the child?

Customer:

2 years old almost 3

Floridalegalanswer :

Okay. If

Floridalegalanswer :

DCF gets involved, they would also likely speak to the child to see what the child says

Customer:

how do i cover my butt? should i go to police

Floridalegalanswer :

Did the ex-husband take the child to the hospital or report to the police?

Customer:

no

Floridalegalanswer :

This can be used against the Ex-Husband if anything arises in the future

Floridalegalanswer :

If the Ex-Husband suspected the child abuse and did not report it, that would look bad against the ex

Customer:

what can?

Customer:

ok

Floridalegalanswer :

How long has he been texting this for?

Customer:

couple days i guess

Floridalegalanswer :

Okay. The mother may want to try and get the most information through him and text

Customer:

should i still get an attorney or talk to police? or just wait it out

Floridalegalanswer :

Generally, you could document it with the police or DCF. Do you suspect that the Ex-Husband has been inflicting the abuse on the child and then blaming it on you?

Floridalegalanswer :

Or, has the child not been abused by anyone and the Ex is just making it all up?

Customer:

no.. the kid is not being abused at all

Customer:

making it all up

Customer:

the problem is i love the kid more then he does

Floridalegalanswer :

Then it may be best to put DCF and the police on notice of the false allegations...you could show the text messages as proof. However, if you do notify the authorities, it is likely they will start an investigation.

Floridalegalanswer :

If you just let it go for now, you should try and save all of the text messages.

Floridalegalanswer :

Also, try to get the Mother to somehow get the Ex to state that he was making it up or that it really never happened

Customer:

ok..

Customer:

thank you

Floridalegalanswer :

No problem. That is a difficult situation for sure

Customer:

any other advice

Customer:

should i leave her

Customer:

and the child

Floridalegalanswer :

Take pictures of the child when she leaves your custody

Customer:

im never alone with her its always the mother and i

Floridalegalanswer :

Not necessarily. Then you should have a witness on your side

Customer:

wouldnt the mother be a witness

Floridalegalanswer :

Yes

Floridalegalanswer :

It is very difficult to prove you did not do something. The child would be the key to any investigation

Floridalegalanswer :

However if the Ex brainwashes the child to thinking that it was you, that could be trouble.

Customer:

so i should go to the police and start investigation

Floridalegalanswer :

Generally, that would have to be major brainwashing...the child is likely to say that Daddy hurt me, if that is what happened

Customer:

just to cover my ass

Floridalegalanswer :

Yes, you can do that.

Customer:

k

Customer:

thanks again

Floridalegalanswer :

If I have answered your question, please Accept my answer. Thank you and Good Luck!

Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience: I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
Floridalegalanswer and 7 other Family Law Specialists are ready to help you

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