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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My daughter is 8 years old, she was at her dads over the weekend

Customer Question

My daughter is 8 years old, she was at her dads over the weekend and told her aunt that her brother who is 10 had been humping her but it was a game they played, I knew of this all of my children were punished for playing this humping game and my daughter was the one asking my son to hump her to get him to agree to play the game. No clothes were off, my son pulled his pants down one tome which my daughter told me about my son was punished accordingly. Now when my daughter was talking to her aunt her aunt blew it our of proportion and called cps on me telling them that my daughter said her brother who is 10 had been humping her butt with his pants down. All of us parents spoke to the kids together and this was NEVER said... Now cps wants to speak to my kids without me there and said this interview has to rake place to make sure the kids are ok without me at the interview and they say they can't close the case until they speak to my kids. What do I do? I have told them no, they called today and said without making sure the kids are ok bc they have no evidence and that these are allegations that nothing else can be done but they need this interview before closing. Do I allow this interview??
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard, since the professional you requested is not available at this time.
I suggest that you are under no legal obligation to allow the CPS to talk to the children, unless they present a court order.
I suggest, that they are not as much concerned about this "humping" with each other as they are in finding out where they learned such behaviors. The investigation will evolve in that direction to detect if the children were ever sexually abused, as this type of behavior while it may appear to be "kids play" is generally a learned behavior and is based on a sexual encounter they have had.
Therefore, I suggest, that you might want to consult with a local attorney to have the attorney address CPS and have the attorney present during any questioning of the kids.
The CPS can show probable cause to a court and get the court order to not only interview but remove the kids from the home until the investigation is closed
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.
​Thank you