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  1. #1
    Join Date
    Sep 2016
    Location
    West Virginia
    Posts
    1

    Question How to Stop a Parent from Retaliating if You Accuse her of Child Abuse

    My question involves child abuse or neglect in the State of: West Virginia

    This is a complex situation though I will try to make it as simple as possible.

    In August, a family member was accused of sexual abuse against his 14 year old daughter.

    Recently, the 14 year old daughter has been living full-time with her mother because her mother allows her to smoke cigarettes, marijuana, and have boys stay overnight.

    The father has been trying to convince the daughter to see him on occasion as there are no official living arrangements, she just stopped visiting with him because she wasn't able to do what she wanted.

    Both parents are addicted to drugs. Both homes are unfit for children considering the drug abuse in the homes.

    The sister of the accuser, who is 20 years old, wants to stand by her father as she believes that these allegations are false. She did send messages to the accuser during a state of emotional distress, that could be viewed as harassment.

    During a hearing today (this is the second time they have met with a judge), the judge indicated that the mother can press charges on the sister for harassment and she will go to jail and risk losing her children.

    At this point, the judge is not aware of the drug abuse by either of the parents. The sister doesn't want to bring up the drug abuse as it may cause the young siblings to be lost to foster care. Though it may be in their best interest, the 20 year old sister is capable of providing her siblings with a food, clothing, and shelter, and a safe drug free home environment.

    It is believed that the mother instigated this situation and manipulated the daughter to lie about her father to retaliate against him for trying to see his children despite the mother's wishes. The accuser has stated that she was abused during a recent visit with her father - and now they are stating it was when she was nine years old, and once when she was five years old. It is unclear what may have actually happened.

    How can this family prevent the mother of the accuser from retaliating against them by lying and manipulating the court? Is she able to press charges against the sister for harassment, when it is likely that these allegations are false and she is being manipulated by the mother? If any of the family report her to CPS she is liable to make up lies and create a hostile environment for our family. Is there anything we can do?

    There is much more detail that could be given if necessary, just ask. I appreciate any and all guidance you may be able to provide. I do agree that child abuse is not an issue to be taken lightly and that all allegations of child abuse should be taken seriously and investigated by an objective party to bring justice to all involved in the matter at hand.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Child Accused Father of Abuse; Mother Threatening the Child's Paternal Family

    Are you telling us that your family members would rather the children stay in an abusive, possibly dangerous, home rather than go into the foster system?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Stop a Parent from Retaliating if You Accuse her of Child Abuse

    If I am to try to figure out what you're stating, you seem to be saying that dad is accused of and being prosecuted for sexually molesting his fourteen-year-old daughter. The father has an adult child from another relationship who believes that her father is innocent and thus took it upon herself to harass the fourteen-year-old child's mother. This harassment was sufficiently severe that it was raised as an issue by the prosecutor at a hearing on dad's criminal case, resulting in the judge warning the adult child that if she continued her conduct she could be prosecuted for harassment.

    Meanwhile, although the adult child does not want to report the mother of the fourteen-year-old child for having an unsafe household, and although at twenty years old she already has two children of her own, and although she does not believe the fourteen-year-old's allegations, and even though she has harassed the fourteen-year-old's mother, the adult child wants to somehow get custody of the fourteen-year-old. That's not going to happen.

    There's no "retaliation" in having somebody prosecuted for harassing you.

    Protective services has already become involved in the case due to the allegations against the father, and the criminal charges that the father now faces. It's difficult to believe that they have not visited the mother's home. If the extended family believes that the mother's home is unsafe, they may make confidential reports to protective services. It's not clear what the child's mother has ever done or could do to "retaliate" for a confidential report to CPS -- the only harassment that you describe was committed by the 20-year-old adult child.

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