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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17451
Experience:  B.A.; M.B.A.; J.D.
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In family Court in NY, I am a step mother and my

Customer Question

In family Court in NY, I am a step mother and my stepdaughter has disclosed her brother has,been touching her and coming into her bed, etc. My husband and I won primary residence, but CPS keeps ruling all four reports from multiple counties as unfounded. They only are going to home of his ex. They were awarded joint custody with us having primary residence. She was granted every other weekend and during the summer 2 weeks on two weeks off. The judge in the order stated that the child was not to be left unattended with her brother. After her first two week visit she came home and reported he was touching her butt. Since that time the mothers visitation has been suspended . We've paid so much money in lawyers. My husband said he's not going to get a lawyer but just wants to get her law guardian. My question is when I go into court tomorrow can he questioned me on the stand to what she told me he did. I know I can't say what someone else told her. Can you explain the scope of what I can say?
Submitted: 2 months ago.
Category: Family Law
Expert:  Phillips Esq. replied 2 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 2 months ago.

I am sorry, but I am having difficulty understanding your post.

Kindly review, edit, properly identify the parties and your issues, ask specific question(s), and resubmit.

Thank you for your cooperation,

Customer: replied 2 months ago.
I was wondering in sexual abuse,allegations in NY. If a five year old is disclosing abuse to me ( I am the stepmother). Can I testify to what she told,me happened. We have an audio of disclosure's because,CPS has failed the child. There has been reports in three counties. We want to claim excited uttetance. What is scope of hearsay?
Expert:  Phillips Esq. replied 2 months ago.

Thank you for the information.

Unfortunately, you would most likely not be allowed to testify unless the Court has interviewed the child. Your testimony would be considered hearsay, an out of court statement made to verify the truthfulness of what is being alleged. However, it would not a hearsay if the child's testimony is on record--has been taken by the Court. So, in that case, you would be corroborating what the child said in Court.