Thursday, August 7, 2014

When does numerous false abuse allegations against me by my son's dad/step mom become criminal?

Q: My ex n his new wife have accused me over 5 times of sexually abusing my son (now 9yo). The 1st when he was 5. After interview after evaluation, the court doc said dad lied-No repercussion. This was followed by several top'spot filed against me. They just didn't show up in court. 
I had to "reestablish" my relationship with our child. Since then, I had gained physical custody. Dad was to visit every other. For 18th after the switch, not a word from dad. He then went to court, filed against me again stating I have kept him away. Again easily proved. He now has temp sole custody and again filed a restraining order. He claims now I was at his home several times. I'm 1200 miles away. I have to be in NY, in court Aug 12 to again defend myself. Help available? Harassment? Recourse?

A: David's Answer: Your first remedy would be to disprove the allegations at a trial in the Family Court. If you're successful, then you can sue him for abuse of process. That said, especially with the level of animosity involved here, I wouldn't advise "defending yourself" - retain a lawyer (or ask the Judge to assign you one). For a full assessment, call a White Plains Family Law attorney to schedule a consult.-- David Bliven, Westchester Family Law attorney (

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