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mmdesq
mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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I am trying to seek legal advice concerning my son. I have

Customer Question

Hello,
My name is ***** ***** trying to seek legal advice concerning my son. I have been married for 8 years. My husband has a son in which he comes down on scheduled visitation evry other weekend. Well my son was accused of rape against my husband's son. My son have been questioned and has taking a lie detector test in which he passed. The investigator swab him for his DNA. WE are waiting on the results from November of 2014. Now his son's mother has filed a motion to keep my husband from seeing his son. Her complaint is they do not suppose to be around each other. After my son took the lie detector test an passed, we were told as long as they do not sleep in the same room he could resume being in the home. She is filing to relinquish his visitation rights.
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Evening,

I will try to best answer your question.

I am assuming that your question is how to protect your husband's visitation rights with his son. I would advise buying a response 20 petition to modify custody from Ex based on the fact that the only empirical evidence indicates no sexual abuse (lie detector test results). You should have dna results by now. Delay does not make sense. However, delay does not equal guilt. It is the opposite no dna means no evidence. I would say unless there is evidence there should be no restrictions.

Customer: replied 1 year ago.
Where would he need to go to find this petition?
Expert:  mmdesq replied 1 year ago.

Filing a petition to modify is something you draft. You have to identify the parties. Id the current order in place and attach it and then state the modification you are seeking and why they are in child's best interest. You can get a general template from law library at courthouse.

Customer: replied 1 year ago.
Can the lie detector test be used when my husband goes to court? I always understood its was inadmissible in court....
Expert:  mmdesq replied 1 year ago.

Lie detector tests can be admissible by stipulation of the parties in civil proceedings.

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