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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 113493
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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We have our 10 year old grandson that we have guardianship

Customer Question

We have our 10 year old grandson that we have guardianship over. There was a situation of my other daughter's baby girl getting injured while in the care of my son in law. My grandson was questioned under false pretenses for almost 2 hours without me nor his grandfather by his side in a separate locked area. We were told he was going to the Child Advocacy Center to make sure he was doing okay emotionally with the situation of the the baby and that he was safe in our care since my daughter and son-in-law resided with us at the time. The statements that he made were made after they kept telling him he was lying when he told them that he had never seen nor heard anything. He told us that he finally got tired of the questioning, and he said whatever they wanted to get them to stop. Now his statements are being used in the case and we do not think that is legal at all. No one told us that they were going to be interrogating our grandson, nor were we told that his statement was going to be used in the criminal proceedings of our son-in-law. They also put in the statement that he was told by my daughter not to say anything, so they are accusing her of coaching him. She was never aware of why we had to take him to the Center. She just brought him to our job so we can all go to the Children's Center together.
JA: Thanks. Can you give me any more details about your issue?
Customer: Do we need to get legal representation for our grandson.
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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 for educational purposes only.
Legally, this is something that comes up frequently. Under the law, child protection and law enforcement do not have to allow a parent or guardian to be present when interviewing a minor. You have a right to get an attorney for the child to represent the child and protect his rights, but under law there is no right for a parent or guardian to be present, which is something many parents and guardians take issue with but is not unlawful.
One of the grossly negligent and incompetent and abusive tactics used by these alleged child advocates is to badger children to force them to say whatever these social workers want to hear (which is why getting an attorney for the child is so beneficial, because an attorney being present stops them from doing this). Just like the McMartin Daycare case proved, these social workers can get children to make false statements all to easily and these statements are not reliable.
So at this point, you need to get your grandson legal representation and they need to file in court to suppress the statements of the child as being manipulated and taken under duress and present these abusive tactics to the court. In addition, once the case is over, you could pursue suit against these social workers for violation of the child's civil rights and for intentional infliction of emotional distress for badgering the child to say what they wanted the child to say and seek money damages against the biased social workers and your son in law, once the case is over and charges are dismissed can also sue them for malicious prosecution.
These are the available options.

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