Can DSS permanently take custody of my son from me if I don't pass a polygraph test for false allegation of child sexual abuse

Asked about 2 years ago - Charleston, SC

They claimed that my child made an allegation toward me. It was founded to be unreliable and dropped in court. DSS still wants to take me to Family Court to take my child away even though allegation is false and theaten me that I need to pass a polygraph in order to get my child back.

Attorney answers (2)

  1. David F Stoddard


    Contributor Level 13


    Lawyers agree

    Answered . The can take the child permanently if you do not fight it. You should get an attorney. If you cannot afford one, the court can appoint one in these cases. When you say "it was foundedd to be unreliable and dropped in court", it depends a great deal who unfounded it. If criminal charges are dropped, DSS is not bound by this. DSS cases are brought in a different court which requires a lower standard of proof. It is not unusual for DSS to pursue abuse allegatins in court where crimiminal charges are not pursueed. You need a lawyer or your chance of getting your child back will be substantially lower.

  2. Mary Katherine Brown


    Contributor Level 20


    Lawyer agrees


    Answered . No, if the allegations were already deemed unfounded in Family Court that should be the end of the issue. Unfortunately, it seems CPS wants more. Thus, I strongly suggest you find a really good local attorney to advocate for you immediately or you may find you and your son are separated for a long time. You can find attorneys in your area by searching among the profiles here on Avvo. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@... more

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