Skip to main content

I think my daughter is being molested by her moms boyfriend what can I do?

Utica, NY |

The mother and I have shared time. I have my 3 kids (twin 7yo boys and 3 yo daughter) They are with me tuesday morning 8am through friday 6pm. I was giving my daughter a bath last night and she told me to kiss her pee pee. I said no that's yucky don't say stuff like that. Then she says George kiss my pee pee. I told her no one kisses anyones pee pee. I don't know what to do. Her mother and I do not get along I don't believe she will listen if I tell her and I don't think she'll believe it. I don't want my kids around him.

I just called CPS and the sheriff is coming to take a report. How do I file an emergency custody petition? I don't see any forms for it online.

Attorney Answers 5


  1. Call Child Protective Service (CPS) in your county. You can also make a police report as to what your child reported to you. Also, you can file for an emergency modification of custody via Order to Show Cause in your county's Family Court. Child abuse is a serious matter and you should do all you legally can to protect your child

    The Kepanis Law Firm, P.C. can be reached at (888)926-8066 during regular business hours or at douglas@kepanislaw.com at any time. This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".


  2. This is aberrant for a 3-year old; it is unlikely she is making this up.

    Contact child protective services to have it prepare a report. If it finds molestation likely, that will be the basis of modifying the visitation order and such other measures are needed.

    I suggest contacting the attorney who represented you in the custody matter.

    The foregoing is for general information purposes and does not establish an attorney-client relationship.


  3. Yes, you do need to act. Talk to CPS and make motion as suggested above. Make sure your daughter realizes none if this is her fault.


  4. This is a serious allegation that will result in years of child abuse litigation. There will be entered an order of protection and supervised visitation for the mother and the molester. The molester will be arrested and prosecuted.

    If the child is interviewed by professionals and the child says daddy dreamed this up, I cannot imagine the legal ramifications for you. The supervision, OPs and criminal prosecution will be against you.

    These molestation allegations are the burning pit of family practice, and getting burned is very easy. Be very careful and do nothing without the advice of a lawyer.

    Good luck.


  5. The forms may not be on be online. You may need to go to the Family Court Clerk's office and do it in person. Go right away.

    I am not your attorney and any posts/messages or responses to posts/messages can not and do not establish an attorney-client relationship. You should not rely upon free legal advice, and I disclaim any liability for the outcome if you do. Any opinions offered on matters outside New York State are for general informational purposes only.

Child abuse topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics