Legal Question in Family Law in Nebraska
Taken, without my knowledge
I have had custody of my 4 children since 4-95, their Mother abandoned us. Now these children, ages B8,G10, B14, G15. Raised them by myself, my oldest son makes a claim about child porn on my computer, cops raid, take computer and what ever they thought ''related'' to my son's allegation of me, the Dad, being nude in a picture with young girls. Almost 6 monthes have now gone by, no charges. Its simply not true. My son was being punished for failing 4 of 8 classes in school. He was mad at Dad. My Attorney says child porn allegations are ''guilty till proven innocent''. During a meeting of Attorneys and the Judge on this matter I heard the judge say ''well in this case guilty until innocent, to be on the side of caution''. Am I nuts for thinking that Attorneys presume innocence, and Judges need evidence to severely restrict my children fron seeing me?
Thank You
1 Answer from Attorneys
Re: Taken, without my knowledge
The State has not just a right, but a responsibility to protect the children of this state. It is easy to confuse the rights you have as a parent--to raise your children without state interference--and the rights you have as a defendant--to be seen in the eyes of the law as innocent until proven guilty. The reason it is easy to confuse is because the State acts in two different capacities in situations like yours.
One the one hand, they are protecting your children from a potential source of harm. They have a statement from a child that they HAVE to take as true until the facts prove otherwise.
On the other hand, when the State is charging you with a crime, they have to prove that the statements made are, in fact, true.
When the Court determines whether you are a fit parent, they are using different standards and criteria than when determining whether or not you committed a crime.
Clearly, this isn't the answer that you want to hear, but maybe I've explained why you've gotten the answers you have.
Good luck,
Talana Sayre
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