Criminal sexual assualt of own child

[sinceapril03]

What is the name of your state? Illinois

My ex-wife who is mentally ill and my 13 yr old son have falsely accused me of criminal sexual assault. There have been no charges files as of yet - the police informed me they turned the matter over to Department of Children and Family Services for investigation. I have not heard from DCFS yet as this all transpired on Friday evening - it is now Sunday evening.

My questions are as follows - do I lawyer up before I talk to DCFS? No charges have been filed.

What do I say to DCFS when they come to my home - if they do. I am involved in a visitation dispute with my ex-wife - she has not been sending the 13 yr old (although she always sends the 10 yr old - even THE SAME NIGHT as the accusations) so I have been preparing to take her to court - she knows this and seems to have retaliated with this measure. My 13 yr old son does have emotional issues and is in counseling - nothing of this nature has come out in couseling that I know of or I am sure I would have heard about it from someone before now.

I am unsure of how to proceed - obviously if charges are filed I will get a lawyer but should I before or cooperate with the investigation??

I am wondering what to expect from the interview with DCFS - and how to respond - offer information (photos, emails) or only give specific yes/no answers at this point.

Thanks!

 

[I AM ALWAYS LIABLE]

My response:

Well, in order to assist you, you need to tell us what led up to this blow-up, AND what Momma Bear is alleging.

IAAL

 

[sinceapril03]

I am unsure of the exact details of the allegation - the police would not inform me of that - they said I have to wait for DCFS. Criminal sexual assault is all I know - not specifics except at my house - I have visitation with my two sons on Wed evening from 5-8p and every other weekend from 6p Friday to 6p on Sunday. I live with my wife - who is always with us - we decided to always be together with the kids because she was concerned these types of allegations would be filed against her sometime as my ex-wife made abuse allegations against my last girlfriend (no charges or investigations) - my wife is a social worker.
I have been preparing to take my ex-wife to court for modified visitation - I have concerns about her ability to care for my children - I had been to two lawyers that told me what other info. I still needed to gather before taking her to court. I had been riding her pretty hard to follow the court ordered visitation as she has in the past said my oldest didnt want to come down and did not send him on his scheduled days. I had informed her that I would follow up with lawyers and police if my son did not come down on his scheduled days.
On this specific evening my son alledgedly (sp) ran away because he didnt want to come to my house. My wife and I were waiting at the police station for our usual drop off of the kids while all this was supposedly taking place. My ex came to the police station - dropped off the 10yr old to me and then went in and told the police her story - I was kicked out of the police station with only my one son with me. The police did go out to her house and speak to me son and he told them he didnt want to come down - they say he accused me of criminal sexual assault.
I found all this out when I called to complain about being kicked out of the station - I had no idea she was making such an accusation - the cop said not to worry they see people play "dirty pool" like this all the time - but did inform me they have forwarded the accusation on to child services.

Thats where I am now.

 

[I AM ALWAYS LIABLE]

My response:

You know, I asked two, lousy, simple, succinct questions - - and what do I get? "War and Peace".

I didn't ask for the history of your life. You could have simply answered my questions without all the excess baggage.

I'm not going to wade through all of that to find the answers to my questions. You'll have to wait for one of the "Sob Sisters" to respond to you.

IAAL