Q: A report was filed against a 16 year old for "molestation" by a parent that has it out for her "ex" and his whole family. In HER report to the police, MOLESTATION was stated, when the child that it allegedly happened to was interview, she scoffed at it and said he kissed me once (they are brother and sister kisses are normal) due to the investigation that came after, the family was ripped apart, the dad is having his children kept from him and he is being indicated for lack of supervision along with the GF who lives in the house but isnt reponsible for HIS kids. Perhaps Slander? Emotional damage because of the roller coaster ride the family has been on, along with lawyer fees. Every year she attacks this family with something new
A: David's Answer: If the report was indicated, then this most likely vacates any ability to sue for a false report. The reason is that to be successful in alleging it was a false report, the father must prove there was NO basis to the report - the indicated report would directly contradict this. As such, the father should first challenge the indicated report by asking for a fair hearing. Schedule a consult with a Family Law attorney in your area. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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