How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
18572087
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

How can I protect my grandson from being attacked and used

Customer Question

how can I protect my grandson from being attacked and used as a pawn in a custody case. the deadbeat father, now that the mother is deceased, wanting his child's SS money and custody, falsely reported to CPS that the child was touched inappropriately by her cousin, my grandson, which CPS investigated and found false and closed the case. but the father claims on his summons that the grandmother lets the child stay at aunt's house (one block away) where there is a child accused of a sexual offense -- definitely untrue he was only falsely reported as such and proven innocent. how can I get this corrected and stop them from harassing and endangering my young grandson. Thank you so very much for any help
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

If I may ask, what if anything have you tried to get this stopped at this time so far? Please advise!

Customer: replied 1 year ago.
i just found out few days ago that he made that statement on the summons to the grandmother (who is in hospital) when I came across the papers.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

And who are you in relation to the child--what is your relationship?

Customer: replied 1 year ago.
grandmother to the boy being attacked and the girl in the custody case is my sister in laws granddaughter. the children are both an only child, so always played together. when her mom was alive, she stayed here a lot while her mom rested or had hospital appointment so we helped raise her and she was used to being with us, that is why she wanted to live here when her mom passed so her grandmother got custody, but now grandm in hospital so father would get custody, but he lied a lot in his statement including a bout my grandson, whom he set us with the false rept to CPS that was proven unfounded and sealed.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

Now I understand, you want to remove this allegation, even if it was proven to be unfounded. What you can do, as guardian of your grandson, is file suit against the other party for 'defamation of character', and pursue damages. To prove defamation you would need to show that the comments made were defamatory (false), that these comments were made to third parties and were of or about your grandson, and they caused harm. A claim of sexual abuse is almost inherently harmful, so on that basis you can seek damages caused to your son's reputation.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
we cant prove he called the false rept to CPS because they said they cant tell who called it, even tho it is obvious who would want to make such a claim and try to prevent her from visiting us. they do not allow her to call us either - we have not heard from her altho she promised to call every other day to let us know she is OK and how she is doing. how can we get the proof even just to the judge if we sue to get proof if he or his wife called it to CPS because they are trying to use that false claim to get custody and to try to keep her away from us, her family that raised her. his statemt was that her grandmother allows her to stay with an aunt where a child lives "who was accused of a sexual offense" we also know a lot of bad things the father is and was doing, incl cheating on his disability benefits working off the books and stole a car from his sick wife when he abandoned her and his daughter. so we may also want to bring charges against him on those things. in that stmt he has his address as 1st floor, when he lives in a basement apt with wife and 4 kids (2 his, 2 his wife's) 3 of those children are sick and the father also has an oldest son in a nursing home from drug use and a stroke. the father used drugs heavily and we suspect so did his wife maybe why her children are sick. they want custody so the girl can help them and for her mother's SS money each month, and since besides the father, the only blood relative is the grandmother (grandfather is step grandfather and is my brother, we cant apply for custody unless the father is proven unqualified. what kind ofperson wd falsly accuse an innocenf young boy to try to make the grandmother and aunt look bad? he is an undesireable person to have custory of an innocent10 yr old girl, plus one of the 4 kids there is a teenage boy not related to the young girl.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

Unfortunately calling CPS is confidential--you cannot demand such records, so unless the person admits to calling, you have nothing but legitimate suspicions. Unfortunately it takes all kinds, and if the person is as shameless as you describe, he would make such a call because he would not consider it immoral or unethical. But again, you need to get him to admit to the claims and that is where your case would hinge on, if there is no evidence then it is very tough to be able to prevail.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
we want that statement on the summons taken off because any accusation he referred to could not be confirmed, as CPS told us they sealed it as unfounded and it can only be opened if another complaint is made against him, and will be discarded after 5 yrs, so his stmt is untrue. if the judge contacts CPS there wd be no record of that accusation or complaint. we want him to either prove that an accusation was made, or have it taken off the records somehow, how can we do this?
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

The record will be updated and removed in time. But as far as getting them to admit it, other than getting lucky and possibly getting it via email or with witnesses, you are not able to force him to testify or make statements. What you have here is a very circumstantial claim with no direct claim to evidence. On that basis I do not see a judge permitting this to go forward, especially since CPS records would not be discoverable.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
that's not what I meant. CPS already found it untrue and sealed it. we don't want it on the Family Court county of kings custody/visitation proceeding summons, where his statement includes "Petitioner has also found out that the grandmother has had the child staying with an aunt who has a child in the house that was accused of a sexual offense." that is untrue- he was not accused - the false third party claim was found to be unfounded and sealed. this is defamation of our (mine and my grandson's) character and is harmful when seen on that document which he can/will try to use against us in the future if it remains uncorrected. it should not be on that document where it could cause harm to an innocent child. how can we get it corrected so as not to cause harm to an innocent child.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

That is actually helpful. If that is on a sworn statement, then that can be used as evidence of defamation, and on that basis alone you can file suit against him for these statements. You can seek damages, and as a remedy, demand that he amend the statement and remove the offending and incorrect comments that were attributed to your grandson.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
how do I get an attorney for this, to file the suit? tried looking up attorneys for defamation of character with no success, tried findlaw.com, tried American Justice network.com, etc. can't find attorney -- need to find right away, please help
Customer: replied 1 year ago.
this is the second time I am sending this, please helpme to find where I can get a lawyer for my problem, or can you handle it?my area is zip code 11545 and wd appreciate any help to get legal assistance to correct that defaming and dangerous statement about my grandson, an innocent child. thank you so much

Related Family Law Questions