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KimberlyLaw, Attorney and Real Estate Broker
Category: Criminal Law
Satisfied Customers: 4219
Experience:  Over 13 years of experience practicing law.
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My daughter-in-law just filed for divorce and accused my son

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My daughter-in-law just filed for divorce and accused my son of sexual abuse of their 3 yr old. She never called the police at the time she said it happened but al court required mediation the mediator stopped the session and said it had to be turned over to CPS. She was hoping the charge would get her custody and did not CPS would be involved. He did not abuse his son. Where will this case go from here. Will this issue have to be resolved before they go to court for the divorce. So many ??. Not sure what all to ask.
Thank you
Hello, I am happy to assist you today.

Yes, now that it has been sent over to CPS, it will have to be resolved before it can move forward. It is good that they are both willing to do mediation, so hopefully they can get back into that after it is resolved.

All he has to do is fully cooperate and explain the truth about the situation. If she does not have any proof, and everyone else who knows him including you says that he has never done anything like that and has shown no behavior or indication that this behavior is likely, then CPS will have to close it out and move forward. They can't do anything without proof.

Let me know if you have any questions.
Customer: replied 4 years ago.

They went to mediation because the court required it. They have been separated for over a year and in that time she has refused to let him keep the overnight... she still needed to breastfeed there 18mo old who of course was on his way to 2 in May. She needed to keep control of the kids. When she found out my son had been seeing someone else after a year of separation is when she filed for divorce and accused him of sexual abuse of their 3yr old. She recorded an interrogation of the 3yr old evidently getting him to say his dad touched him (not sure exactly what it contains). She has refused to give him a copy. When she filed this she didn't think CPS would get involved. She just thought the court would give her custody. Should my son have a divorce attorney or a criminal attorney?

Ok, thanks for that additional information.

Hopefully she doesn't have anything of value and it won't be a problem.

I would have your son use a lawyer for this. He doesn't need a criminal lawyer, just a divorce lawyer. This is the type of false accusation that happens all the time in divorce. Not the first time a divorce lawyer will have seen this for sure.

Best of luck.
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