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I was wrongfully accused of child abuse. My son who is 8 was…

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I was wrongfully accused of...
I was wrongfully accused of child abuse. My son who is 8 was kicked out of summer school . I spanked him with a belt on his bottom. He moved and the buckle left a mark on his tiny mark on his face, truly barely anything. I called my mother and told her he needed to go spend some time over there because I needed some space from him. My mother called me over next few days questioning me and asking if I had kicked him. In the past she has had attatchment issues. I use her for child care because I do not have many options . She has scoliosis and has an addiction to painpills, cigarrettes, and beer. I have a masters in business I am in the final stages of completing a business plan to open a girls home, am a case manager in the field of social work(w/the mentally ill). I live my life in a manner that exposes my son to education and other experiences because I do not want him to end up in the strrets like his peers. I was picked up at my job and arrested for child abuse. My daughter (2yrs. old) was taken to her dad's at my request. He is not consistent in his parenting and ended up giving her to my mom because he did not want to take care of her even though he knew she had me arrested. I got out of jail this evening and feel helpless. My mother has my two kids and I have court Tuesday. I can not leave that court without my kids. What are my rights , what do I do. I am frantic and want my kids.
Submitted: 8 years ago.Category: Criminal Law
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Answered in 3 hours by:
7/3/2010
Criminal Lawyer: legaleagle, Lawyer replied 8 years ago
legaleagle
legaleagle, Lawyer
Category: Criminal Law
Satisfied Customers: 13,441
Experience: Licensed Attorney for 7 years
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You need to prove that you did not abuse your son. Explain what happened. The court may ask you to take anger management cases and you should be willing to do anything they ask. You should consult a local attorney to go with you for court because they know the judges and what to expect which will help you decide how to present your case and how to avoid any convictions.

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Customer reply replied 8 years ago
Relist: Answer quality.
to general , need more feedback also anything specific to Missouri
Criminal Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 126,699
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Unfortunately, your previous expert was correct here. The issue is that the MO courts consider the right of a parent to discipline a child stops when weapons are used. Belts by the courts in MO and other states are considered weapons and unacceptable means of corporal punishment. Additionally, they will consider you were spanking his buttocks with the belt yet hit him in the face with the belt buckle which is going to be a bit of a problem for you to explain. The court will NOT surrender your children to you as long a this case is still open and pending. The court could mandate anger management classes and parenting skills classes as part of the requirements to get custody of the children back. However, if you end up being found guilty, you will not get the children back. At this point, your previous expert correctly pointed out that you better get an attorney to assist you here, but do not get your hopes up that you will get your children back on Tuesday, this matter will have to proceed through the courts and be resolved before they return the children to you.

As your previous expert was correct, you should consider accepting his answer.
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Customer reply replied 8 years ago

What are my rights regarding family court. Does it make a difference if I hire a lawyer rather than a court appointed lawyer. Do I have any rights? Based on my interactions with ISS and DFAX I feel like I am being stereotyped and manipulated. I live in an urban setting but have a masters, a job related to social work and am in the process of trying to receive government funding for a women's group home. I have been told that I am at risk due to my vulnerability as a mother and am not protecting myself against the system. Also, when ISS visited my home, they questioned my son privately. I live in Missouri and i have a court date August 3rd. A lot of the details of my case seem shady, but I am to close to differentiate whats reasonable.

Criminal Lawyer: Law Educator, Esq., Lawyer replied 8 years ago
When it comes to dealing child protection, your rights are very limited. There is a much better chance for you using a private attorney because they simply have more time to devote to your case than would a public defender. They had a right to interview your son privately, this happens all of the time. As I said above, the use of a belt is a big thing against you and hitting him in the face with the buckle, even by accident is going to be tough for you to overcome and the private attorney may be able to negotiate some anger management or parenting class to avoid your loss of the child.
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 126,699
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