Questions about what happens

[AkersTile]

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

I'm StepMom which most of you already know

Dad and I found out about 2 months ago that his youngest DD had been molested over a year ago. We immediately contacted her counselor, DFS, and the Sheriff. Kiddo went for the child advocacy center interview. DFS investigator called me this morning and said that the guy confessed to it (but blamed kiddo!!). She also said the Sheriff will be doing his probable cause warrant, arresting the guy, and turning it over to the prosecutor. Will kiddo's DVD interview be enough with his confession, or will she have to go to court or?? I have never been in this situation before so I have no idea what Dad and I should be expecting. Thanks in advance

Side note: Custody judge spoke with Dad's lawyer and said if Mom doesn't pay child support or have any contact for 6 months he will do the TPR and adoption for all 4 kiddos!!!!!!

 

[swalsh411]

If the DA decides to move forward with charges, the accused and his attorney with have an opportunity to negotiate a plea deal or plead not guilty and go to trial.

 

[Ohiogal]

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

I'm StepMom which most of you already know

Dad and I found out about 2 months ago that his youngest DD had been molested over a year ago. We immediately contacted her counselor, DFS, and the Sheriff. Kiddo went for the child advocacy center interview. DFS investigator called me this morning and said that the guy confessed to it (but blamed kiddo!!). She also said the Sheriff will be doing his probable cause warrant, arresting the guy, and turning it over to the prosecutor. Will kiddo's DVD interview be enough with his confession, or will she have to go to court or?? I have never been in this situation before so I have no idea what Dad and I should be expecting. Thanks in advance

Side note: Custody judge spoke with Dad's lawyer and said if Mom doesn't pay child support or have any contact for 6 months he will do the TPR and adoption for all 4 kiddos!!!!!!

DVD interview will NOT necessarily be enough nor will it necessarily be admissible. Kiddo might have to testify if this goes to trial. Keep giving her support and have her in counseling. How did the judge speak to dad's lawyer?

 

[TheGeekess]

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

I'm StepMom which most of you already know

Dad and I found out about 2 months ago that his youngest DD had been molested over a year ago. We immediately contacted her counselor, DFS, and the Sheriff. Kiddo went for the child advocacy center interview. DFS investigator called me this morning and said that the guy confessed to it (but blamed kiddo!!). She also said the Sheriff will be doing his probable cause warrant, arresting the guy, and turning it over to the prosecutor. Will kiddo's DVD interview be enough with his confession, or will she have to go to court or?? I have never been in this situation before so I have no idea what Dad and I should be expecting. Thanks in advance

Side note: Custody judge spoke with Dad's lawyer and said if Mom doesn't pay child support or have any contact for 6 months he will do the TPR and adoption for all 4 kiddos!!!!!!

That would be a question for the prosecutor. IIRC, (I was in a similar situation twice), we had to go to the courthouse, but the child was going to testify in a separate room via video link.

 

[AkersTile]

DVD interview will NOT necessarily be enough nor will it necessarily be admissible. Kiddo might have to testify if this goes to trial. Keep giving her support and have her in counseling. How did the judge speak to dad's lawyer?

Dang it. That wasn't what I wanted to hear. Hopefully she won't have to testify. She's been in counseling for forever it seems like (at least 4 years) and will be in counseling for the foreseeable future.

The judge saw Dad's lawyer at the courthouse one day last week. Somehow they got to talking about the custody case and he said he would allow the TPR and adoption if she doesn't pay for 6 months. Mom already wanted to do the TPR and adoption at the last court date, but the judge told her no because she needed to pay child support. She's already changed her # and email so we have no way of getting a hold of her. She hasn't had any contact with the kiddos since the beginning of March.

 

[AkersTile]

That would be a question for the prosecutor. IIRC, (I was in a similar situation twice), we had to go to the courthouse, but the child was going to testify in a separate room via video link.

So if she did have to testify, Dad could request that it be done via video link instead of her being on the stand in front of everyone? That at least makes me feel a little better. We will be meeting with the prosecutor at the beginning of next week so I'm starting my list of questions that Dad or I think of before hand since I know I will forget everything once we're in there.

Sorry for you having to go through this twice. Once is hard enough, I couldn't imagine a second time.

 

[Ohiogal]

Dang it. That wasn't what I wanted to hear. Hopefully she won't have to testify. She's been in counseling for forever it seems like (at least 4 years) and will be in counseling for the foreseeable future.

The judge saw Dad's lawyer at the courthouse one day last week. Somehow they got to talking about the custody case and he said he would allow the TPR and adoption if she doesn't pay for 6 months. Mom already wanted to do the TPR and adoption at the last court date, but the judge told her no because she needed to pay child support. She's already changed her # and email so we have no way of getting a hold of her. She hasn't had any contact with the kiddos since the beginning of March.

That is a problem that the judge started talking ex parte to the lawyer. That is an ethical violation on the part of both the judge AND the lawyer. Attorneys and judges are not supposed to "somehow" talk about cases. As for whether she will have to testify, it is possible but no guarantees either direction.