Legal Question in Wills and Trusts in Michigan
accusations of child molestation
If a parent is being accused of child molestation but supposely never been charged with it and was cleared would that result in the children never being return to the parents home ever? The alleged reason why children not coming out of foster care and returning home never was due to child molestation accusations. Or would the parent have to formallly being charged with something for the children to never be returned? The child admitted to foster parent of a sexual molestation encounter.
1 Answer from Attorneys
Re: accusations of child molestation
Evidence of potential for neglect and abuse is admissible in a civil case concering the custody of a child- independent of an actual conviction. It would be characterized as one of the "best interest" factors. Once the court has jurisdiction of the child after a trial or after a plea; it has broad discretion to consider all the best interest factors of which allegations of sexual abuse would certainly be one. Anyone so accuse should retain counsel.
Yours,
Francois M. Nabwangu, Esq.
http://fnabwangu.googlepages.com