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Father may lose custody after 11 years of raising son; what to do?


Your Question:
My fiance is dealing with a situation that involves his eleven year old son and his son's mother. His son was taken from him and given back to his mother after my fiance has raised him for eleven years. My fiance had a incident where there was violence and he was forced to remove his son from the home, but he planned to get him back after he resolved the issue. He took his son to his mother thinking that she would take care of him until further notice, but instead, out of grief towards my fiance she went to the police and lied. She told the police that my fiance was abusing his son so that she could keep him. To make a long story short, now child protective services are involved and my fiance is on the verge of getting his custody taken away. My fiance is devastated now and is going through a lot to get to get his son back. Please tell us what we can do.

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My Answer:
Hi,

I asked for further information, about the violent incident, and you replied that the father had been shot at while in his car. So it seems all of this has been started by that incident.

Your situation doesn't make sense to me, so I'm either missing important information, or you really need to get an attorney to straighten it out.

If the father did nothing wrong and has raised the child for 11 years, there should be nearly no chance of him losing custody.

If the mother has made false allegations against him, then he should be aggressively countering those false allegations.

I suggest your fiance take a polygraph exam (lie detector test) about the false allegations and give the results to child protective services via his attorney. Obviously, only take this route if the accusations are FALSE, since it's nearly impossible to beat a polygraph exam.

If the court is making noise suggesting the father will lose custody, then you need an attorney aggressively telling the judge that there is no evidence to support it, that there is no evidence that any change is necessary, and that it's outside of the court's discretion.

False allegations, when not responded to with an aggressive and adamant defense, can explode into horrible consequences in family law. It requires determination, know-how, and controlled emotions when fighting false accusations.

Look at the book called "Elusive Innocence" on my Recommended Books page. It talks all about false accusations and how to defeat them.

If there are more pertinent details to your story, then obviously I can't help, since you decided not to share.

Good luck.

Eric





This website gives common sense advice that is not intended to act as legal guidance nor psychological guidance. The author is neither an attorney nor licensed psychologist. For specific legal guidance or specific psychological guidance, consult with a licensed professional.


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