Legal Question in Family Law in Virginia

My daughter(5years) and son(3 1/2 years) have been in my Aunt and Uncles custody for 3 years. My daughter recently told her mother and I, that my uncle has been touching her. As soon as she told us, we took her to the Emergency room and had her checked. The doctor determined that she had not been penetrated, however, the (touching) that she had described would not be something that would show up on any test. Since, her brother and her have been removed from that household due to these accusations by the social services, and the proper authorities have been contacted and an investigation in underway.
My question is; If after the investigation is finished and there isn't enough evidence, can her testimony be enough to charge this man with sexual assault, and is there any chance of her or her brother being placed back in the home???
My wife and I have filed a petition to regain custody and have a court date within the next month.
We were never found unfit by a court of law, nor did we lose custody of our children. My wife and I signed custody over to my aunt and uncle in the beginning until we could regain financial stability

Asked on 8/15/10, 5:49 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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0 attorneys agreed

Answer 1. Quite unlikely.

Answer 2. Very unlikely.

(My opinion, of course.)

Answered on 8/20/10, 8:14 pm

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