Legal Question in Family Law in Illinois

We are currently in a custody battle regarding molestation charges. Our child came to us 2 times stating the perpetrator had committed sexual acts against her. We immediately called the pediatrician and they stated to take her to the ER immediately. We did both times, but both times they found no evidence of foul play. The hospital social worker to our child's statement and they immediately stated they were hot lining this case. The county that it had taken place in did an investigation and eventually stated to us that they were sending off the findings to the state attorney�s office.

Then after the second time it happened they had us bring our kids in to the CAC and a detective and social worker asked them deliberate questions like, spanking with a belt without pants on and things like that. Our kids were obviously nervous and just answered simply with, yes. A DFS hotline was made against us, they came out and told us the report would be unsubstantiated and there was no foul play. We did nothing wrong and disciplining the kids is not illegal

We currently use an exchange center and while doing the exchange our daughter was taken from us from an emergency order of protection filed by the GAL in a custody battle because we discipline the children. Now we have a court date for the order of protection in 20 days.

We have put our child in therapy, parents as teachers, and the pediatrician see�s them often now. We have done everything by the book and now because they found no evidence against the perpetrator we are now looking at harassment charges and the DFS division has flagged us. We don�t talk to the child about what had happened because that was the therapists call. The therapist said the child would bring it up when ready.

Now we are up against not seeing the child because of the order of protection. What do we do?


Asked on 11/21/15, 9:55 am

1 Answer from Attorneys

Kalpesh Patel FL PATEL LAW PLLC

You need to hire a lawyer who specializes in family law immediately! If you need a referral please contact me, [email protected]

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Answered on 11/24/15, 6:17 pm


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