Legal Question in Family Law in New York

Re: False Sex charges on a child

First, confirm that there have been complaints against him for sexual abuse.

The try to confirm if the wife has made the other complaints against his friends. Get their names and ask them. Ask if there are any documents.

If these things can be confirmed, then what help is he asking from you? Are you a lawyer?

It sounds like the criminal complaint for sexual molestation will be weak or perhaps not even go to trial. The custody issues are best dealt with by an attorney, but here he may be in a strong position to get custody or get the children into a foster home if he cannot take custody.

(1) what help is he seeking from you

(2) is what he tells you accurate

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Re: False Sex charges on a child

After careful and complete inquiry, he should consider filing a custody modification Petition in Family Court; on the grounds that the mother is unstable, her judgment is faulty, etc., making it unsafe and unhealthy for the children to remain in her home.

The Family Court can then order home visits, pschological and sociological investigation and resports for all the parties, to assess the best interests of the children.

The local child welfare investigation will likely be much more complete than, the virutally nonexistant investigation the DA will do, prior to submittiing charges, after the mother files a complaint.

Also, the criminal court process may be adjourned pending disposition or findings in the family court.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ.

The Family Court and attendant investigation concerning the child's best interest can proceed simultaneously with the criminal process....or you can adjourn the criminal process unticl the Family Court ordered forensics are completed.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ