Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I need help on how to go about a case where my youngest sons…

Customer Question
Hi I need help...

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.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

OKC,OK

Lawyer's Assistant: Has anything been filed or reported?

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

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
9/11/2017
Lawyer: Ely, Counselor at Law replied 8 months ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,550
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Verified

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.

Ask Your Own Legal Question
Customer reply replied 8 months 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 .
Lawyer: Ely, Counselor at Law replied 8 months ago

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

Ask Your Own Legal Question
Customer reply replied 8 months 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.
Lawyer: Ely, Counselor at Law replied 8 months 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.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

Ask Your Own Legal Question
Was this answer helpful?
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,550
103,550 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

103,550 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,059 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

43,763 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

297 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Legal Questions
My boyfriend's children have a forensic interview in Georgia
My boyfriend's children have a forensic interview in Georgia at the Children's Health Care Advocacy Center this Friday. They are 9 and 10. He cannot take them since he is the alleged abuser. School re… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
I have a document that i believe is not real and im being
i have a document that i believe is not real and im being played where do i go to get oit looked at … read more
socrateaser
socrateaser
1,031 satisfied customers
For ONLY Zoey, JD, Lawyer, Editor, Former teacher. My
For ONLY Zoey, JD, Lawyer, Editor, Former teacher . My situation: . In 2016, I was 65 y.o and a full time student in an credited master's program for TESOL. . In May, 2016 I underwent Cervical (neck) … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
I am the sole inheritor of my sister's estate. My sister was
I am the sole inheritor of my sister's estate. My sister was a ward of the county at the time of her demise. The appointed attorney has submitted closing papers to the court. The papers are confusing … read more
LegalGems
LegalGems
Juris Doctorate
11,979 satisfied customers
I'm looking into what action I can take in regards to
I'm looking into what action I can take in regards ***** ***** hacking my phone, and deleting stalker type messages, so I can't use it against him. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
A question about Tennents in common. When one person dies
A question about Tennents in common. When one person dies does the Tennent receiving that share of the house have to wait for probate to be finalised before selling etc … read more
Ray
Ray
Lawyer
Doctoral Degree
32,639 satisfied customers
Also I told him moving forward everything should be on the
Also I told him moving forward everything should be on the record. That day hearing everything was off record.… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
Not for Ray, attorney 2, infolawer, Phillip esq., I have to
Not for Ray, attorney 2, infolawer, Phillip esq.,I have to protect my interest from my own lawyer. Can I bring my own firensic accountant to ore trail in 11/2 and 12/3?I know too late, but my lawyer j… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
Can I sue the court appointed forensic psychologist in small
Can I sue the court appointed forensic psychologist in small claims court if he is family, creating conflict of interest and wont recuse himself nor will the judge remove him? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
Where might I hire an insurance fraud investigator and how
Where might I hire an insurance fraud investigator and how do they confirm insurance fraud exactly and are their findings admissible in court?… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
3,266 satisfied customers
I'm looking for a forged signature expert. Can you recommend
I'm looking for a forged signature expert. Can you recommend one and let me know about how much it costs.… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
How many days do a court psych forensic have to see a decent
How many days do a court psych forensic have to see a decent dent in Michigan in federal court once a judge give order for defendant to be examine then once examined how many days do psych Foresic Doc… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Can I refuse for my children to be questioned in a forensic
Hi can I refuse for my children to be questioned in a forensic evaluation … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,437 satisfied customers
I am a Forensic Evaluator. I've been doing court work I.e.
I am a Forensic Evaluator. I've been doing court work I.e. evaluations and testifying for 20 plus years. I am a licensed clinical social worker and my license is in good standing and I am currently on… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
If I hire a forensic computer expert to examine my computer
If I hire a forensic computer expert to examine my computer and to see if there is any evidence that someone or organization has gained unauthorized access to my computer remotely, do I have grounds f… read more
LegalGems
LegalGems
Juris Doctorate
11,979 satisfied customers
This is minor, but does a forensic accountant need a court
This is minor, but does a forensic accountant need a court order to examine the small corporation's books. … read more
Ely
Ely
Counselor at Law
103,550 satisfied customers
FORENSIC PSYCHOLOGY PROFESSIONAL AND I HAVE A CLIENT THAT
I AM A FORENSIC PSYCHOLOGY PROFESSIONAL AND I HAVE A CLIENT THAT SUFFERS WITH PTSD AND AGORAPHOBIA AND HIS MOTHER'S PROBATE ATTORNEY IS EVICTING HIM AND HIS FIANCEE WITH NO JUSTIFICATION. THE ATTORNEY… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
I have a customer requesting a USB key for forensics. It was
I have a customer requesting a USB key for forensics. It was my property and I no longer have the key in my position. … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,563 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x