Legal Question in Family Law in California
Implied sexual abuse
My husband and I are divorced, my son has a tendency to still come into my bed during the night although he is 10. I constantly explain to my son that this is not acceptable and that he is a big boy etc, but I often wake up and find him in my bed. I have never worried unduly as I believe that it will stop naturally. His father and I are currently in dispute over various matters. He has stated that he could report me to the CPS for sexually assaulting our son! How would this behavour be viewed in the eyes of the law?
2 Answers from Attorneys
Re: Implied sexual abuse
Consider counseling for your son. There is some reason that your son gets into your bed. Probably the best thing for you to do is to be active in working on the problem.
Re: Implied sexual abuse
I would figure out a way to bring this before the court first. I would file an OSC asking that he be ordered to take parenting classes and tell the court why. That way if he tries to allege that there's child sexual abuse going on, you've already alerted the court what's going on. Maybe you could offer to take parenting classes, too, to help teach your son to stay in bed at night.