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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex-husband and I have a son that is now 14. He also has 2

Customer Question

My ex-husband and I have a son that is now 14. He also has 2 children 4 and 3 that he had outside of our marriage. My son has always lived with me but when he turned 13 I let him decide if he wanted to go live with his fathers and he said yes. For the past year or so my ex has been in a custody battle with the mother of his daughters. They each get them for a week for now, until full custody can be established. Back in June my son confided in me that the oldest girl said that one of her mother’s cousins was touching her inappropriately. He was angry that someone would do that to his sisters. My ex brought it to CPS attention and was granted temporary custody of the girl. The claim went unfounded (I think because they started trading weeks again). This morning I got a call from my ex saying the girl’s mother called CPS on my son saying that he was touching the girls inappropriately. She contacted CPS on Monday night, which I found strange because, my ex picked up the girls on Sunday morning, so they were with him Monday night. Let’s just say they the little girl told her that before he picked her up… why would mother let them go back in to that situation again? I think she is being spiteful and trying to win the custody case that she was losing. They spent all night question my ex and the girls, but as far as I know they have not question my son. What can I do to protect my son from this crazy person?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Unfortunately, claims of inappropriate behavior in custody battles are very common. No doubt, the mother of the daughter is attempting to claim that the father's home is not suitable because it poses a danger from your son.

There is no 100% way to protect him from such accusations. CPS has to look into every claim, so likely he will be interviewed. It is recommended to use an attorney to help him with the interview (the interview would be voluntary). The mother can also be threaten with a civil suit for defamation if she continues to make such false claims. Under New York law, the elements of a defamation claim are: a false statement; published to a third party without privilege or authorization; with fault amounting to at least negligence; that caused special harm or defamation per se. Dillon v. City of New York, 261 A.D.2d 34, 38 (N.Y.A.D. 1 Dept. 1999). She can even be sued now, once the claim is dropped. A threat to sue often has the individual back off, understanding that such claims will have repercussions if made.

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