accused of molesting step daughter

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scaredparent0135
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accused of molesting step daughter

Postby scaredparent0135 » Tue Aug 12, 2014 9:43 pm

Don't really know where to start. My daughters real dad has never really been in the picture since he abandoned her three years ago. So when him and his wife wanted to take her for the summer we thought it was great. I know first hand the of growing up not knowing my father so I thought it was right. The allegations were received by metro here in las Vegas at the end of June. July first cps was at our door. The case worker told me if I didn't leave they would take our two year old. Everyone in both mine and my wife's family believe this was the doing of my daughters dad's mom. The grandma has a history of manipulating her family into her play things. My daughter wears make up every day, she is seven if I posted her picture you'd think she was a pre teen. The real dad told my wife basically what was going on out there. They're in Texas we're in las Vegas. Told her that Cid (military police) were in charge of the investigation. My wife made some phone calls and found that was a lie.


Closer to the present... The thirty day period was approaching where they had to decide if they were continuing the case. Our case worker and her supervisor showed up at the house to tell my wife they decided it was substantiated based on a supposed forensic psychologist interview.
According to legal aid of southern Nevada cps is required to send me a letter stating they are continuing to investigate me. They also told my wife detectives would contact me by the end of the following week. A few days later case worker called my wife and told her that her supervisor is putting in a petition to have me permanently removed from house.

Last Thursday I get a call from detective, he wanted me come in for an interview. I told him I couldn't so we set up another day. My interview is tomorrow.


Sorry for long post

scaredparent0135
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Re: accused of molesting step daughter

Postby scaredparent0135 » Wed Aug 13, 2014 8:02 am

Shouldn't there be some kind of paperwork given? Any way meet with detectives in a couple hours

dieharddad
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Re: accused of molesting step daughter

Postby dieharddad » Fri Aug 15, 2014 9:03 am

I'm sorry I didn't see this till just today.

I would assume you have already met with the detective. Had I read this sooner, I would have recommended to you to not meet with the detective but to seek council and have attorney speak to the detective.

You don't mention what the allegation is but I get that it is being made against you specifically. You should have been provided written notice that you are the subject of a cps investigation, as well as other interested parties (i.e., daughter's mother and possibly biological father). Sounds like that didn't happen. You should begin a journal and record all of this as is suggested here on this site. The sooner the better.

Are they asking you to volunteer to leave the house (i.e., remove yourself from contact of the daughter) or is it being court ordered (i.e., order of protection)? I assume the daughter is back from her visit with her bio father? If not, what purpose would there be for you leaving house?

I am very sorry to hear of you having to go through this. I'm sure you are in shock and are having a difficult time figuring out what to do. Post back soon. I am going through something similar and have found this site very helpful and supportive.

scaredparent0135
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Re: accused of molesting step daughter

Postby scaredparent0135 » Sat Dec 06, 2014 12:19 am

Well I would had, and planned to, post back sooner. But they arrested me that day. Just got out of jail this morning on bail. Have to be on house arrest.
Will write more in the next few days.

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monkette31
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Re: accused of molesting step daughter

Postby monkette31 » Tue Dec 09, 2014 12:49 am

You need a criminal lawyer first off. Get one as soon as possible. I have heard that if they don't have video evidence of you committing such said crimes, virtually impossible to convict. I believe the standard of evidence is "beyond a reasonable doubt" for a criminal case and lower for the CIVIL case, where CPS is involved. It sure sounds like a setup by the family in Texas. The make-up at 7 is odd. Did the child ever come back to Vegas?

Now there is a criminal matter and a civil matter. They are two different things but clearing up the criminal case is most important as it will affect the civil case, your ability to be a parent in the future and/or your ability to care for your grandchildren in future years. You really need a lawyer, if you have the resources for one, get one NOW! There's been a few websites, that are disgusting in nature, that have popped up in the past few years that teach evil parents how to accuse the other parent of XY and Z in order to obtain custody. Pretty vile sites, may want to look for the iron triangle site so you know as to what might be being done to you by others.

I am sorry that you and your family have to go through this.
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

scaredparent0135
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Re: accused of molesting step daughter

Postby scaredparent0135 » Mon Dec 15, 2014 3:50 pm

I do thankfully have a good lawyer, who is good at these kind of cases. He was hired couple hours after I got arrested. After looking over the interview of my daughter by the psychologist, I as well as my wife and her brother are afraid that this may actually be happening. But that instead of her real dad taking the fall for it that i am. My daughter calls me daddy ### and she has a learning disability so it wouldn't be hard to get her to say that instead of daddy. The interviewer even corrected her a few times when she said daddy to say my name. During my preliminary hearing my daughter was on the stand and she did say that she forgot what she was supposed to say. She was also interviewed prior to court by the da and the das investigator with no tape recorder or witnesses, on the stand my daughter said the da told her what to say. While on the stand my daughter was having so much fun. And would even look at me and smile. Out side of the court room she asked my wife is ### still in jail in a sad voice, then she looks over at her stepmom and says god he needs to stay there. I got out of jail a few days before my baby was born and was blessed to be allowed to be there, I got to meet my daughter and greet her into the world. I was so afraid that that would be impossible. Cant explain the pain of having to say goodbye to her. I spend all night every night on the phone with my wife, i can't see or talk to my girls per cps, doing this makes it to where I'm almost there and is really beautiful. Cps does home checks every week at my wifes house, and they are now wanting her to do a psych eval, set up a safety plan. they are saying that she has no protective complexity.

scaredparent0135
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Re: accused of molesting step daughter

Postby scaredparent0135 » Tue Dec 23, 2014 1:51 pm

So apparently I have received a very nice christmas gift from our friends at cps. I have court tomorrow morning to have my newborn daughter added to the petition. I just found this out this morning. The cps lady said something in the regards of, I don't think you'll be able to show up since you are on house arrest and that should be fine. I am sure she didn't want me to be able to show up. I am allowed to go to court. She did not seem very happy when I told her I would be there. My lawyer unfortunately will not be there as he is out of town for the holidays. Which is understandable seeing as how tomorrow is Christmas Eve. So I will be asking for him to be appointed to this case and to get a continuance. So hoping all goes well.
Merry Christmas everyone keep your strength don't let these evil people break you down. I will not let them destroy my family

scaredparent0135
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Re: accused of molesting step daughter

Postby scaredparent0135 » Tue Dec 23, 2014 2:54 pm

Ok so they want me to take a psychosexual to see how likely I am to reoffend so I asked her well isn't that like the state automatically assuming I'm guilty. And the said they look at everyone as if the allegations are true. Told her I would have to confer with my lawyer about the psychosexual

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monkette31
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Re: accused of molesting step daughter

Postby monkette31 » Sun Dec 28, 2014 2:37 am

I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

scaredparent0135
Posts: 73
Joined: Tue Aug 05, 2014 8:01 pm

Re: accused of molesting step daughter

Postby scaredparent0135 » Thu Jan 08, 2015 10:21 pm

Well as of a few days ago my month old daughter was added to the no contact order. That court date was originally set for Christmas Eve and I found out the day before. That court date got continued anyhow. But still was a nice Christmas present from Family court.
But i do have a question I was hoping someone could answer CPS has not told my wife not to talk to me, I just can't see my girl. Will she get in trouble for talking to me? We talk every night on the phone until we fall asleep. It gives us some semblance of being together still of being a family. I can't talk to my girls but I can hear what is going on.

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family_man
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Re: accused of molesting step daughter

Postby family_man » Fri Jan 09, 2015 7:42 am

The answer to your question depends on exactly what your no-contact order says. Does it forbid you to have contact with your wife, or just with your daughter and step-daughter? If it does not forbid you to have contact with your wife, then you can meet with her in person if no children are present or over the phone. Just don't ask to speak with the children directly.

However, just to be safe, I wouldn't advertise to CPS or anyone else that you're doing this. It would be better if CPS were led to believe that you and your wife are going to be separated permanently. Land lines don't keep records of local calls, and I believe there's a * code for cell phones that suppresses the record as well. In my experience, when CPS actually had custody of my children and wanted my spouse to separate from us, I'm pretty sure that CPS never checked any phone records to see whether we were conversing.
Disclaimer: I am not an attorney, and this is not legal advice.

scaredparent0135
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Re: accused of molesting step daughter

Postby scaredparent0135 » Fri Jan 09, 2015 12:18 pm

Yeah the no contact order is just for the children. And cps believes we have rarely spoken since my daughter was born. Thank you for your response

scaredparent0135
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Re: accused of molesting step daughter

Postby scaredparent0135 » Sat Jan 10, 2015 1:17 am

I have another question also, thought about posting this one in the military section but wasn't sure. Ok so how long does it take while living on base to get approved for larger housing.
My daughters "real dad" lives on Fort Hood. The second week of June he was approved for a larger house. My logic here is he had to have told them that she was coming to live with them. They don't just give out extra rooms. The two things below is all I've been able to find in my own research. Hoping someone knows more about this also as I'm sure this could be a key in my fight. They planned on keeping her out there. My wife had no actual court order of custody. Also early July the "real dad" was giving temporary emergency custody (will have to check with my wife on the correct wording)

Birth certificates for dependent children residing with sponsor (Legal custody papers (when applicable, signed by Judge.

You must have a court ordered document stating that you have custody of the child for at least 181 days per year.



Again thank you very much for your responses

scaredparent0135
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Re: accused of molesting step daughter

Postby scaredparent0135 » Tue Jan 20, 2015 1:36 am

Well it looks like our next step will be getting divorced. Seeing as how cps expects that of my wife. Way i see it is its just a piece of paper just more money that we don't have that we get to spend. so that will be done with the taxes coming up. my wife will be meeting with her lawyer to see how much extra he will charge to divorce us. uncontested divorce so it shouldn't cost to much. got to spend a little time with her today not a whole lot but even an hour is nice. ate dinner and just hung out.

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family_man
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Re: accused of molesting step daughter

Postby family_man » Tue Jan 20, 2015 8:46 am

When I was in a similar situation, I opted for a legal separation. That way, my wife was still covered by my medical insurance. Don't know whether your state has a legal separation, though.
Disclaimer: I am not an attorney, and this is not legal advice.

scaredparent0135
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Re: accused of molesting step daughter

Postby scaredparent0135 » Sat Jan 31, 2015 10:52 pm

With getting a legal separation did cps want you to get divorced? The cost for us would be about the same and we can always get married again when this is all over. I am thinking about the legal separation myself, for our car insurance and also in case this is still going on next year for taxes.

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family_man
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Re: accused of molesting step daughter

Postby family_man » Sun Feb 01, 2015 6:33 pm

CPS cannot require you to divorce OR legally separate. They can only require your wife to "protect" her children from you. Any way you can convince CPS that she is doing that should be fine. In my case, I stated that I was morally opposed to divorce because of my religious preferences. (I'm Catholic.) CPS never questioned it. By the time our case was finally closed, we had already moved to TX, a state that doesn't have legal separation. So in the eyes of Texas, we're still married -- no need to remarry.
Disclaimer: I am not an attorney, and this is not legal advice.

scaredparent0135
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Re: accused of molesting step daughter

Postby scaredparent0135 » Sun Feb 01, 2015 9:28 pm

I printed off the divorce paperwork last night for my wife, just going to have her file.

scaredparent0135
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Re: accused of molesting step daughter

Postby scaredparent0135 » Wed Feb 04, 2015 4:07 am

A month away from family court trial. Nervous as all hell. Missed my daughters third birthday party today. Meeting with my lawyer here in a few days.

scaredparent0135
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Re: accused of molesting step daughter

Postby scaredparent0135 » Fri Feb 06, 2015 8:35 pm

So got a new development today, my stepdaughter was diagnosed with severe adhd. The was retested for her iq now she is 101 where before she was in the sixties. Thinking this could be grounds for getting her reinterviewed and preferably by someone else. Her iq was so low they were thinking she had a mild case of retardation. They tested get for autism and then for adhd and as her "real" dad says her results were through the roof

scaredparent0135
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Re: accused of molesting step daughter

Postby scaredparent0135 » Thu Feb 19, 2015 12:58 pm

Had court on Wednesday to get assistance from the courts on the criminal side to pay for expert witness and private investigator. The judge approved me for that. My criminal lawyer wants to do the family court trial. Feeling positive. Will be taking a polygraph probably some time next week. Things seem to be headed in the right direction now

dieharddad
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Re: accused of molesting step daughter

Postby dieharddad » Fri Feb 20, 2015 9:03 am

That's good news regarding the attorney and the PI.

I don't know how it works there but my experience has been that most attorney's specialize in a particular area of the law and that criminal attorney's would be different than Family Court attorneys but I'm sure you can contact the local bar and see what they may suggest as well.

scaredparent0135
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Re: accused of molesting step daughter

Postby scaredparent0135 » Wed Feb 25, 2015 8:20 pm

So my family court trial is coming up in just under two weeks. My criminal lawyer is taking over the trial. Will be taking a polygraph sometime early next week. Hoping for a good outcome for this trial. Scared but doing my best to stay positive and strong.

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LindaJM
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Re: accused of molesting step daughter

Postby LindaJM » Fri Feb 27, 2015 9:36 am

Stay strong. The expert witness and PI and polygraph all sound like hopeful developments. I'm looking forward to hearing what happens at your trial. I'm glad you have a good attorney who is working the case well on your behalf.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

scaredparent0135
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Re: accused of molesting step daughter

Postby scaredparent0135 » Fri Feb 27, 2015 10:39 am

Well the criminal lawyer is no longer taking over the case unfortunately. Polygraph tomorrow, that is if house arrest calls me back and gives me permission to go


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