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A boy says he touched my daughter while she slept when he stayed the night but she was in bed with me, a dhs report was made?

Fort Smith, AR |

3 months ago i let my friend's 13 year old son stay the night, my daughter slept in my bed and i was up all night, my kids and i went to get breakfast the next morning, i came home and the 13 year old was on my couch playing with himself, my kids didnt see it but i scolded him and took him to his dads. now 3 months later he told his school counselor that he touched my daughter while she slept and his dad going along with it. it is impossible that hat could have happened and now dhs wants me to call them, i am the non custodial parent here and am afriad the accusation alone will hurt my daughter and me. the kids dad actually told his roomate that he is doing this to help get his son help for other problems, so i do have a witness to the this being untrue. what do i do?

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Attorney answers 2


Sometimes children experiment You should retain an attorney to call DHS, this could easily be explained, especially if your daughter did not wake up or notice the touching or perhaps she did not want to tell you?

I do limited scope agreements, where I only prepare the papers for court and try to prepare you for testify; I always recommend consulting and using an attorney when you can afford one as that usually increases your chances of winning. But if you can not afford one, consult with one. It is often worth the 2 or 3 hours to know what to say and how to say it. I am available by phone for appointments and the first ½ hour is free

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I handle family law matters: child custody, property dispute in Los Angeles or Orange County, California. Always consult attorneys in your state!! Use Avvo’s tab “find a Lawyer” above.

In child custody, the simplest explanation is “what is in the best interests of the child (ren). In support: proof of earnings, needs of the children and percentage of time spent with the child(ren).

In Community versus Separate Property, considerations include tracing the funds, and how profits are made.

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My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.



i guess i didnt explain it in enough detail but the thing is i believe the 13 year old is troubled or something because it is impossible that what he said could have happened, my daughter slept in my bed and i was up that whole night playing a video game on my tv until my kids got up for breakfast, i took them to mcdonalds and when we came back i saw him on my couch playing with himself under a blanket and he stopped before my kids walked in i took the kids to the room and came back and scolded the boy and took him to his dad and that was that, i have no idea where this story he is telling came from but it is not true at all there is no way it could have happened. he feel asleep before i took my kids to my bed for the night so as far as he knew they were in the same room with him where they had been watching movies and his story is he got in the floor where my daughter was and did that while she was sleeping, but the fact of the matter is after he fell asleep i put my kids in my bed and turned off the movie we all had been watching. end of story.


You should contact DHS or CACD to give them your statement. Without going through the process you may not know for sure when/where/what time the alleged incident occurred. Other factors may play into the boy making these statements but you refusing to cooperate will only hurt you and make you look suspicious. If you want to have an attorney present for the questions it would not hurt, you can also ask to record the interview for your own records.

Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only, and does not create an attorney client relationship.