Custody battles get ugly, not much you can do.
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If there is anyway to make sure your son 9 will not any contact with the 5 year that is unsupervised then you are went a long way towards solving the problem. Further, the standard in most family law cases is what is in the best interest of the child. Therefore, whether or not the Court ultimately answers the question about your son and the 5 year old may not be as much of a concern as it is just making sure the 5 year old is out of harms way. I suggest you contact a reputable family law attorney in your state in the county where the action is pending for more information on the factors used in deciding child custody in your state and on the local practice for custody arrangments in your state.
It is always difficult to see someone attack your child but even more so when it is false and hurtful. Judges are used to sorting through these issues and particularly if there is no proof then it is unlikely a judge would give much weight to the allegation if he would even listen to it at all. Certainly taking that away as an issue by providing adequate supervision is wise. I wish you the best in dealing with these issues.
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