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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need help on how to go about a case where my youngest sons

Customer Question

Hi I need help on how to go about a case where my youngest sons paternal grandmother has made false accusation's for the 3rd or 4th time.
JA: Since laws vary from place to place, what state is this in?
Customer: OKC,OK
JA: Has anything been filed or reported?
Customer: well Friday the school an officer called me and asked me to go to the school he didn't tell me what this was in regards ***** ***** I could only imagine since that lady had been quiet for too long. I went to the school the officer spoke to me and my partner saying my youngest had said his brother had touched him on his private parts. I told the officer the Paternal grandmother had tried this before. He then went on to say dhs and a detective were there to speak to me
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes they took my youngest son away he is in my future mother in laws care and he is scheduled for a forensic interview and a medical examine I can not be present at
Submitted: 1 month ago.
Category: Legal
Expert:  Ely replied 1 month 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. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

Can you please tell me a little more about the situation? Who is accusing who of what? Where do the parents stand?What (if anything) has been filed with the Court? Etc.

Customer: replied 1 month ago.
My youngest son said to the school counselor that his older brother touched him on his private parts. My youngest son told my fiancé his paternal grandma told him to say that but he said that's not true his brother has never touched him. And nothing that I know of has been filed in court. My youngest sons father is not active in his life we went to court for 4 years and it was ugly on behalf of the paternal side. At the end I agreed to a joint custody with me having sole physical custody and father got standard visitation and an overnight Wednesday but my sons paternal grandma exercises that visitation and always has. And for my oldest son I've never been to court with his father we just have a mutual agreement on anything regarding our son we recently started a standard visitation schedule for my oldest son as well .
Expert:  Ely replied 1 month ago.

Got it. Okay. So... what are you asking here? In other words, what do you wish to know, exactly?

Customer: replied 1 month ago.
I want to know how to protect my kids and when is it ok to interview them when they've been interviewed multiple times for the same thing. And how I can press charges against this lady making these false accusation's.
Expert:  Ely replied 1 month ago.

There is no right to speak to the child unless the custodian agrees to it. If you do, you can dictate terms of the interview, which can include stopping the interview at any times, CPS not asking questions of the child at all, or you sitting on when they ask questions, and/or objecting to any questions and instructing your child not to answer, or simply terminating the interview right now. It is completely up to you.

Understand that CPS has no "power" per se. They cannot force an interview, and they certainly cannot simply take your child away from you without a a court order. However, they have a mandate from the state to stand in front of the Court for any child that they feel is being abused/neglected.

This means that if they feel that the child is neglected/in danger, CPS may decide to take the matter to court and ask to have the court agree that your custody rights should be suspended (or even terminated in serious scenarios) until you show to the court that you are an able custodian.

Now, while DHS has the "ear of the court," this does not mean that the court always agrees with DHS and if you challenge their claim, it may be denied. But this is a risk.

If CPS sees an issue, they will normally request that you do some custody classes and/or actions , and if not, then they can approach the court and the court may agree that if you do not, you'd risk your custodial rights being suspended or terminated.

If you feel that the requirement by CPS is unreasonable, then you can refuse. If they then go to Court (as explained above), then you'd have to show that your decision is in line with "best interests of the child."

CPS often uses misleading, cajoling, and threatening tactics, so be careful. An attorney is recommended if one decides to meet with them, because the attorney can quickly cut their attempts to intimidate the custodian down.

I am afraid you cannot demand that criminal charges be filed - this is up to the authorities. However, she can be sued for false accusation via civil court.

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