Legal Question in Family Law in New York

Polygraph in Child molestation case

I am a father, I have a 4 yr old daughter. Visitations have been every weekend. I am in the NY area. There is a history of DV cases from both the mother and I. I have never been convicted, she agreed to a plea once.

Apparantly the mother indicated that my daughter mentioned I ''kissed'' her on her private parts. The original investigation was deemed inconclusive. In the mean time I had supervised visitations. All has gone well. However, my daughter mentioned it again and a new case was opened. Last week a Detective contacted me. in our discussions ''I'' suggested having a Polygraph taken. He liked the idea and set it up. In my most recent court case all parties seemed to agree that I should resume my supervised visitations however, in light of me scheduled to take the polygraph the judge now wants to wait for the test and the results.

So, since I am not mandated to take this test and my research shows it is 61% accurate I now feel like I jumped into something without realizing it can do as much harm as good. Should I continue with the polygraph or should I inform the court that after review I feel the polygraph test is limited in its ability to provide any factual reference in this case?


Asked on 11/01/07, 11:16 am

1 Answer from Attorneys

Seth Kaufman Kaufman PLLC

Re: Polygraph in Child molestation case

It was probably a mistake to volunteer to submit to a polgraph exam, but I can't advise you how to proceed without more complete information. You should provide copies of all court papers and transcripts, if possible, to an experienced attorney familiar with these matters. Also, it sounds like you may be subject to criminal investigation, so you should have a different attorney competent in those matters, as well. Feel free to call my offcie to discuss further.

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Answered on 11/01/07, 1:28 pm


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