Legal Question in Family Law in Mississippi

Daughter taken by youth court ,due to husband's 10 year old conviction
The Mississippi youth courts detained my daughter and eventually gave her to her father due to a 10 year old sexual battery charge.
My daughter denied that my husband had done anything to her.
DHS along with the Sheriff's Dept. did an investigation first and found no evidence and felt comfortable with her being in our home.During questioning my daughter admitted that her step brothers in AL. had touched her when she was younger.
DHS told me a week later to hire an attorney because the youth court was taking my daughter into custody, because of my husband's prior conviction. She also advised that this wasn't right because there is no law against him being around children.Which was why she advised me to get an attorney.
Despite the facts that I presented(non-payment of child support for 8yrs.,past verbal,mental, and physical abuse,etc.) against her biological father, andpast sexual abuse by her step brothers, the judge said ''they're kids maybe they were playing doctor''. Then gave my baby to him anyway.He also tried to get me to admit ''on record'' that I abused my daughter(which I wouldn't do) by moving her into the home with my husband.
What can I do? My daughter and I are desperate.

Asked on 5/23/06, 11:56 pm

Mary Milek Milek Law Firm

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Re: Daughter taken by youth court ,due to husband's 10 year old conviction

I see two very large problems with your case:

1. You have a minor child and you married a man that has a record of a sex crime;

2. You were advised to seek legal council and it does not appear you took that advice.

It may be possible to appeal this decision, but your chances of prevailing are now much lower and your expenses will be significantly higher.

Answered on 5/24/06, 11:19 am

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