What is the name of your state (only U.S. law)? California
My ex has accused my current spouse of sexually abusing my son. He has stated that my son told him that my spouse touched him in his private area. He has also made accusations about my son exhibiting strange sexual behavior. I believe he has demented my son's idea of what is normal. His story has changed many times in the last few months. Everyone in my family completely backs my spouse's innocence. He has never abused or attempted to touch my son inappropriately. My parents, who have no reason to be bias against their grandson, are furious with my ex for making this up. He took my son for regular visitation, while he had him he filed a restraining order against my spouse. He never called me or spoke to me at anytime before the papers were served on my spouse on a Friday evening. I tried to have the police enforce our custody agreement, however they said our paperwork was too vague. The following Monday I attempted to pick my son up from school and was informed he was not there. I was served custody papers that day. He has had custody for 4 months. CPS did a thorough investigation and closed the case with inconclusive findings. The CPS worker told me that there was no way to substantiate claims made by either side. He said it will be difficult to prove due to no physical evidence. The court is not interested in polygraph results or witness statements. The judge told me he wants the CPS worker to write a letter saying that the case was closed due to it being "unfounded." This is not possible according to the CPS worker due to lack of evidence. I was told by one judge that if I no longer resided with my spouse I could regain custody. I moved in with my parents and another judge denied me because he did not like the terminology used my the CPS worker. He stated that I am an unfit mother because I may have let someone abuse my son. I have not been allowed to speak to my 5 year old son regarding this matter because in the first court date, the judge order me not to speak of the case to him. I am very low income and the pro bono programs in my area are not handling family law cases right now. I need some form of assistance. I believe the judge is being biased against me. I also believe my son is being told negative things about me. How can I prove to the court that my ex is the one who is untruthful?