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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

Posted

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".

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Asker

Posted

I will make a call to CPS right away but should I still file an emergency petition when we are already going back to court on the 20th because the mother has sued me for sole custody for the third time in less than a year.

Douglas Shaun Kepanis

Douglas Shaun Kepanis

Posted

That would be my advice (of course, prefaced with the fact that it is based only upon what you have stated here). Waiting to file will make it look as if you did not take it seriously.

Asker

Posted

How do I file emergency modification of custody via order to show cause? and what does the "via order to show cause" part mean?

Douglas Shaun Kepanis

Douglas Shaun Kepanis

Posted

Your first step would be to hire an attorney experienced with modification of custody issues. If you do not want to hire an attorney, then you will have to go to the Family Court and ask for the intake office - from there, they may or may not assist you in filing such an Order to Show Cause.

Posted

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.

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Posted

I don't have a meeting with my public defender until Tuesday that is the earliest she can see me and I have to let my daughter go back to that house tonight.

Posted

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.

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Posted

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.

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Asker

Posted

She was interviewed by the child advocacy center yesterday and she told them the same thing she told me. I can't make her say anything she is only 3 she wouldn't know what I meant. And why would I want my daughter knowing about and saying things like kissing pee pees? I wouldn't. I like the split custody arrangement and my kids are happy with it and we all really liked the boyfriend we had no reason to attack to him. You can't hear your 3 year old daughter say someone kisses her pee pee and not do anything about it. I pray to God it's not true but there's no way I'd ignore this. Her well being and protection has to be my first priority. I meet with my lawyer on Tuesday and had to send my daughter back to that house last night. I feel horrible with her gone and I have no idea what is happening. And on Minday she gets babysat by this guy alone all day while my boys are at school.

Peter Christopher Lomtevas

Peter Christopher Lomtevas

Posted

Okay. A child advocacy center earns its money whenever there is a child in need of advocacy. They are advocates without law licenses. They'll say anything in order to fulfill their function as advocates. Courts love advocates. A court will listen to an advocate. Certainly, if that advocate is one of us paid attorneys who studied the case, the court will listen less. However, the advocacy center which brings the court business will be listened to more. Kissing pee pees is a huge money maker and no doubt will bring lots of mileage in a child protective courtroom. The case will go on and on and as the winning parent, you'll have little to worry about. However, I am cautious when I hear a three year old making such uniquely adult statements. We all wish little girls would promptly announce sexual molestation by its exact nature in a brief description. However, in my experience, little girls make no such statements. In many instances, advocates use anatomical dolls or suggestive photographs to fabricate a story in the child's mind. The ruse goes nowhere. This is my warning to you. If the apparatus debunks the child's statements and points the finger of blame on you, you'll likely never see your kid again without CPS supervision. I hope you understand that the danger facing your family is greater from the apparatus than from the molester. So you have two serious problems, not one, to deal with. Your attorney must understand this.

Posted

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.

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