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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90504
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My sister in law was caught having an affair with her commanding

Customer Question

My sister in law was caught having an affair with her commanding officer by my brother. They were seperated at the time and maintaining seperate residences. She and the CO asked him not to ruin both of their families and careers by telling. Over the next two weeks she begged him back. He moved out of his apt and within a few days CPS showed up saying they were investigating him for DV and child abuse.

A few days after that he comes home from work and there are police waiting. She had gone out and filed a restraining order and was trying to have him arrested for violating the restaraining order. Her mistake was that she never served him so police did not arrest him. He walked away suddenly homeless in NY where he doesn't know anyone besides coworkers. The ONLY reason he was living there was to stay a part of his kids lives.

She beat my neice and took photos claiming they are one year old and that my brother did this. It's obvious to everyone who knows my niece that these pics are recent and not of an 2 year old child but a 3 year old. The court is buying every word of her story. My brothers lawyer is a joke and not doing anything to help him. She is telling the courts and the investigators on base that he filed this false claim of sexual misconduct for revenge. The fact is, she had called me asking for help and admitted to the affair and I am the one who filed the complaint.

This woman is a psychopath. I am appalled that the courts won't even consider the possibilty that she hurt my niece and are allowing her to keep custody of the children. My brother was a stay at home dad for a long time while getting his masters in education and is 100% devoted to his children. He is kind and loving and would NEVER NEVER beat his child. Desperate for resources, help. Should I hire a PI to follow her? How do we catch her in lies and inconsistancies? Please any help.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

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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Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90504
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 2 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


TY for the quick response. It's been my feeling that our attorney is a ho hum run of the mill divorce attorney and not prepared to handle this type of case. In regards to the photographic "evidence" is there any way we can subpeana the e-copy of the photo so we can have an expert pull the metadata verifying the date of the photo? I believe 100% this photo was taken recently while my brother has had zero contact with the children.


 

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Most family law or divorce attorneys are not equipped to deal with the lies and incompetence of CPS, it takes a family law attorney with the background for dealing with CPS and it is likely you will need to make the switch to find one now to take over to help your brother.

Yes, his attorney should have indeed subpoenaed the original photo and if she has not, then she is actually negligent in failing to do so.

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