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Amber E.
Amber E., Family Law Attorney
Category: Family Law
Satisfied Customers: 1482
Experience:  Experienced practitioner in family law, including divorce, custody, and domestic violence cases.
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I have shared custody with my babys father, recently my daughter

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I have shared custody with my baby's father, recently my daughter came to me telling me that her dad called me ugly and few days after that her daddy told her he gives me money. I been trying to explain to my daughter calmly to keep the peace with her dad, but just two days ago my daughter and me were interviewed by cps because someone reported that I was sexually abusing my daughter. I am worried her father its trying to hurt me, therefore he is making up lies and will persue my daughter into start making up lies about me. How can I protect my daughter from him?. She is 4 yrs old and I have physical custody and we share legal custody
A custody plan can be modified by something such as a motion to modify the existing court order. The standard for modification is usually a substantial change in circumstances, which might include violations of the custody plan, making derogatory comments about the other parent in the child's presence, and making false allegations against the other parent pertaining to abuse or neglect.

That last one, making false allegations of abuse, especially sexual abuse, is especially heinous and often grounds to totally suspend a parent's access to a child. This is because false allegations of sexual abuse are generally considered a horrible form of child abuse in and of itself. Children are often unable to discern the difference between being a victim of abuse and simply being told or treated as if they are a victim, and consequently the courts detest a parent putting a child through that, as well as any other form of parental alienation.

I would suggest that you contact a local attorney as soon as possible, because given the child's age time is of the essence. If you are unable to afford a lawyer, you can always apply with your local legal aid office. They provide free legal representation.
Amber E. and 2 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

cps was unnable to tell me who made the report, but recently there was a modification on the child support amount, therefore her father furious. How can I prove it was him who made the report?

Q2. How can I prove it was him who made the report?

That will depend upon the facts particular to the case, which could really only be determined through an in depth sit down consult with a local attorney who can delve into the facts with you.

What I can tell you is that while information about who made a referral to a child protective agency is generally confidential, one may attempt to subpoena them. Keep in mind, though, that the agency can put up a fight and refuse to disclose the source. Still, there may be other sources of evidence to prove that a knowingly false report was made and by whom, but again that requires a level of detail and investigation that only a local attorney can conduct. For example, information about the report and who made it can be gleaned from interviews with lay-witnesses - neighbors, his family members and friends, the child (yes, even at age four), day care providers, doctors or other health care providers who may have been told the same information, as well as any police officer, or others defined by law, to whom similar reports might have been made.

I'm just following up with you to see was your question answered?

If so, please remember to rate the answer, it is the only way we receive credit. Or if not, let me know what part needs more clarification.

Let me know, Thanks.