Need advice from anyone in similar boat

[DistraughtMom22]

What is the name of your state?What is the name of your state?Texas

I posted here a while back. My case is quite complicated. My 13 year old son, then 12, was accused of Sexually assualting a friends 3 year old. This was in January the day my husband got on a plane to fly to Iraq for a year. My son was charged with 7 counts of felony sexual assualt. There was no medical evidence to back up the out cry, just the out cry.

In February, I told my 10 year-old daughters step-mom of the situation. She was taken for visitation and never returned. They filed for immediate custody citing neglect and failure to protect as well as drug abuse, alcohol abuse, physical and emotional abuse and neglect. I do not abuse nor neglect my children. I also do not use drugs nor alcohol. Needless to say, the judge removed her from my care and gave me 7 hours visitation supervised. I can not be alone with my daughter. My son can not see her. The court order states that she can not be in his presence or anywhere he may be.

Anyway, in June, my son was offered a plea bargain. We declined this offer because we knew that he was innocent. I paid to have a polygraph test taken, by someone that the DA trusted. He passed the polygraph 3 times. In July, we went back to court for his case and the DA refused to accept the findings. Our attorney at the time, basically wanted $25,000 to take this trial. Well, I am a military wife, not a rich person. Unfortunately, he has had to take the plea bargain for probation and sex offender counseling.

Now, my daughter still cannot see him, dad and step mom are saying that she cannot even talk to him on the phone. Spoke with her last night and she said that she can't call me. She can talk to me if I call her, but she can't call me. This is sooo wrong. My current attorney is aware of this and we are working to get this back in front of the judge. But I was curious, anyone have any advice for helping me in this? My life has been totally devastated by this year.

Thanks in advance.

[BelizeBreeze]

Keep all of your posts together and limit yourself to one post. Otherwise, no one is going to chase you all through this forum looking for the competing threads.

[DistraughtMom22]

Belize...I posted on the juvenile law site. Haven't posted on this page. I don't expect anyone to chase me. I gave the same info here as I did in Feb. on the Juvenile page.

Thanks

[stealth2]

Here's the relevant thread. [url]http://forum.freeadvice.com/showthread.php?t=260434[/url]

[DistraughtMom22]

Thanks Stealth...just went back to find it and was trying to figure out how to post it here.

[casa]

Originally Posted by DistraughtMom22

What is the name of your state?What is the name of your state?Texas

I posted here a while back. My case is quite complicated. My 13 year old son, then 12, was accused of Sexually assualting a friends 3 year old. This was in January the day my husband got on a plane to fly to Iraq for a year. My son was charged with 7 counts of felony sexual assualt. There was no medical evidence to back up the out cry, just the out cry.

In February, I told my 10 year-old daughters step-mom of the situation. She was taken for visitation and never returned. They filed for immediate custody citing neglect and failure to protect as well as drug abuse, alcohol abuse, physical and emotional abuse and neglect. I do not abuse nor neglect my children. I also do not use drugs nor alcohol. Needless to say, the judge removed her from my care and gave me 7 hours visitation supervised. I can not be alone with my daughter. My son can not see her. The court order states that she can not be in his presence or anywhere he may be.

Anyway, in June, my son was offered a plea bargain. We declined this offer because we knew that he was innocent. I paid to have a polygraph test taken, by someone that the DA trusted. He passed the polygraph 3 times. In July, we went back to court for his case and the DA refused to accept the findings. Our attorney at the time, basically wanted $25,000 to take this trial. Well, I am a military wife, not a rich person. Unfortunately, he has had to take the plea bargain for probation and sex offender counseling.

Now, my daughter still cannot see him, dad and step mom are saying that she cannot even talk to him on the phone. Spoke with her last night and she said that she can't call me. She can talk to me if I call her, but she can't call me. This is sooo wrong. My current attorney is aware of this and we are working to get this back in front of the judge. But I was curious, anyone have any advice for helping me in this? My life has been totally devastated by this year.

Thanks in advance.

It's been a very difficult time for you, I'm sure...however, it makes sense that Dad would get custody of your daughter- there is a teen in the home who's been charged with sexual assault. The system is designed to protect other children.

Children pass polygraphs easier than adults since they don't have fully developed social skills/comprehension- and may not react 'normally' to their part in a situation/crime like this. He may not fully understand what he did was wrong~ although, to be honest with you, he should have known at that age. 'Typical' boys of that age don't want to be bothered with a 3 yr. old even if she did wet her pants.

What you can do is continue to focus on son's counseling and whatever terms the DA has outlined for him. Try to maintain a relationship via supervised visits with your daughter. Has your daughter been taken to counseling?

[DistraughtMom22]

Yes, my daughter has been taken to counseling. My son is still in counseling although the Sex offender counselor assigned by the DA doesn't believe he offended anyone. He made a bad choice to check her to see if she had wet her pants. My children have been taught sexual purity, but never thought this would come up. He is helpful because at his dad's he has younger siblings and has had to change diapers and the such. He thought he was helping. I know he should not have done that, and so does he now. The only people who believe the allegation are the parents of the child and the DA. Thanks for your input, I greatly appreciate it.