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This is a low life trick of many less than ethical attorneys and they tell clients to do these things to gain an advantage in child custody
cases. Unfortunately, CPS is also the most incompetent and negligent agency you can ever deal with and their social workers have extreme prejudice and make up their minds based on their own warped agendas. The problem with attorneys is that when representing clients in these matters they have a tough job because CPS is so powerful and courts do not like ruling against CPS without concrete evidence as proof. So, with the picture his attorney should engage an expert who can look at the picture and make a determination as to age of the child to attack her credibility.
As far as the affair with the CO, it is good a complaint was made to their command, this is a severe violation of the Uniform Code of Military Justice and would not just get them removed from the service, but court marshaled and also sentenced to jail, since the military has lately been handing out actual jail sentences for this type of conduct. The military knows who made the complaint, regardless of what she is telling everyone and they do not take these complaints lightly so they generally do take severe action against the violating members.
You will need to get his attorney to call you to testify in court to the fact you were the party she admitted the affair to and based on her admission, not your brother's request, you made the complaint. Furthermore, your brother needs to be putting together first hand witness to conduct, not just character witnesses that know him, and it is his attorney's duty to put those witnesses on the stand and if his attorney is not aggressively dealing with the CPS issue, it is time to terminate her services and obtain a family lawyer
who specializes in dealing with CPS and they are out there and can be found at the same sites used by other attorneys, http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org.
To catch her in her lies, it requires actual physical evidence, expert testimony and/or first hand witnesses to testify against her in the court and this is what his attorney is supposed to be putting together and if she is not this is reason to get him a new attorney.
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