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Falsely Accused Battle with DCF Just Beginning

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  • 01-13-2009, 01:14 PM
    BusyBeeME
    Falsely Accused Battle with DCF Just Beginning
    My question involves criminal law for the state of: Florida.

    DCF investigation brought against my fiance for allegedly touching my daughter. We believe malicious intent is behind this case from custody issues with my grandparents. I have found out, since the case started, that my grandmother was the initiator. DCF hasn't called ANY contacts we have given them (my fiance's dad, my ex's family, my parents). They snatched my fiance out of the kids lives before we even knew what was going on. Now, there wasn't enough evidence to prosecute and the case has been closed but DCF still will not allow him around the children, with the threat that they will be taken from ME if this ever occurs. I was pretty much scared into signing papers stating this understanding. Even with no evidence to arrest, they (the DCF investigator & whatever other professionals she claims she supposedly talked to) still "believe" it truly happened only because my daughter was so "descriptive". My daughter is incredibly bright, has made up stories before (never like this, but regardless..). She could very easily be coached into something so sick as to claim this as long as she thinks she's doing what she was told. Both stories (from her and my grandmother) have changed since the initial interview. I've written everything down and it seems like that was just pointless effort. I have YET to see the video recorded interview. I wasn't allowed in the room for that interview and had to send my child in to be questioned by DCF, CPS and the detective. I still have seen no reports. It feels like they're hiding something. BOTH kids ask for him every day. He (my fiance) is crushed not being able to see him. He's been the only daddy figure they've ever known. Would this be different had we been married and had he been the biological father of her? Can they legally keep him away from them if the case is closed and there is no evidence?? I'm also now required to take my 5 year old to counseling classes (as if she hasn't been through enough with their questioning) and I have to attend parenting classes (for what.. I don't know). Seems they pinned him guilty before they even knew anything and haven't even tried to hear arguments against that. I feel like the DCF investigator is basing too much on personal belief and not so much on legality or truth. There is so much more to this story but I will spare the lengthy details. I just want to know if this is legal.. or are they just trying to scare me? Should we get a lawyer and take this case to court? Please help!
  • 01-15-2009, 05:58 PM
    Mr. Knowitall
    Re: Falsely Accused Battle with DCF Just Beginning
    From what you are saying, this is the outcome you agreed to in order to regain custody and have your case closed.

    If you want to try to revisit your agreement, yes, consult a lawyer.
  • 01-16-2009, 03:01 PM
    nite_riderusa
    Re: Falsely Accused Battle with DCF Just Beginning
    I agree. Consult a lawyer who specializes in CPS. This is way to complicated for you to try to unravel yourself.

    False accusations are made all the time. A lawyer may be able to keep this from going the court route, and help you regain control over your kids lives.
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