False Accusations, I think I've been set up!

[mramm]

What is the name of your state (only U.S. law)? UTAH

Hmm.. here are the basics.

The mother and step-father (brand new husband) filed an EX PARTE CHILD PROTECTIVE ORDER against me saying that I sexually abused my 3yo daughter.

I have lots of reason to believe that she and her husband have clear motive to terminate my rights (unduly) so that he can legally adopt her:

1. the child tells me her mommy and daddy do not like me (prior to alleged incident)
2. the will not tell the child that I am also the chid's father.
3. they would not allow me to come to birthday parties and other social events that occur during my visitation period (prior to alleged incident)
4. they instructed me to stay off their property when I came for visitation (prior to alleged incident).
5. they are very recently married (October)

After they filed the protective order their lawyer also told me they plan on filing petition to terminate my parental rights.

My evidentiary hearing is in about 33 days. Do I have any opportunity to request discovery in a case like this?

 

[CourtClerk]

this is WAYYYY TOOO LONG.... edit it way down. Take out all the emotion, all of what you think and leave only the pertinent facts.

 

[mramm]

ok.. hope that is better..

 

[OldandTired]

every time someone posts something like this, it just validates more and more the reasons I will never get married again.

She's wanting to make her own, "make-believe, fairytale" family, and wants to ruin your life in her attempt.

Let me tell you this much. No matter WHAT anyone says, as far as DFCS, allegations, the police, never never never EVER agree to plead to ANYTHING, even if it's in a civil setting, regarding abusing your daughter, if you didn't do it.

An attorney might approach you with something from DFCS, stating that the child is in need of Services and Protection, and might ask you to plead No-Contest to that. DO NOT DO IT!

While you might agree that your daughter is in need of protection from her mother, since her mother could actually use your daughter in this fashion and screw her up mentally, you can state that you agree with this aspect, but you WILL NOT ENTER A PLEA FOR ANYTHING, because presumably so by your statements, you have done nothing.

After this is proven to be a false allegation and report to the police, sue her first for full custody with her only having supervised visitation, but also urge the D.A. to file on her for making a false report so there's a conviction on record for later use.

Gawd it sucks to be you right now. If there's anything else you can sue her for, i.e.; emotional distress, defamation, you name it, sue her for it!!!

I loathe people that will mentally abuse a child for any reason. There's only one useful place for people like her, and I can't say it here.

 

[mramm]

hmm no answer on this.. I need an experienced attorney in Southern Utah but I cannot find one!

 

[auntcandy]

where in Utah?

 

[mramm]

Saint George... I am looking for someone familiar with SAIDs, false accusations in custody cases and protective orders litigation -- juvenile dependency, family, criminal, appellate experience..

I've been doing everything myself so far.. so far I've only sent discovery requests.. but I would like to attempt to suppress all further therapies with my child and or order them to be video'd and I would like an order to establish my own mental health expert to evaluate the child's competency as a witness and credibility as well as a pediatrician...

other things I would like to do is get at least supervised visits with my daughter.

 

[auntcandy]

really sorry don't know anybody that far south.

Have you tried googleing attorneys in St. George, Utah?

Or is it more of being able to afford what's down there?

 

[mramm]

It seems there's not much selection... one attorney dropped out because he felt he wasn't experienced enough when I grilled him about his experience.. he was not a cheap one either. I don't have lots of money but I'm running out of options... I'm starting to think it' hopeless for me to stand up for myself in this matter. And I have a feeling all the parties against me (ad litem, DCFS, and others) are very biased. They have not even attempted to speak to me or see me with my child. I would think they would at least want to see how well we interact. It pretty much seems they are taking the mother's word as fact and not even investigating the possibility for false accusation.

 

[MichaCA]

What were the accusations?