allegations during court

[Blue_6321]

What is the name of your state? Minnesota


Brief history: My husband and I have a 2 year old niece, whose mom is on a very thin thread with the State. They are currently slowly giving her visitations back, but have stated if she messes up again they will seek termination of parental rights.

In the meantime, my husband and I are the logical ones to seek adoption, but have to first get lisenced for foster care. My husband's dad and step mom are being lisenced also. We had a problem earlier with allegations made by the child's mother that her brother (my husband) molested her. There was an incident of inappropriate touching when they were kids, no charges, but they both went to counseling. We got word from the county attorney saying that we can go ahead with lisencing, as they cannot prove her allegation. All the documents they found were only on inappropriate behavior, not sexual abuse.

Ok, so now to present date.

My husbands' dad and step mom were licensed as of yesterday, my husband and I still have ours pending.

Today was a court date, and social services stated that they were beginning to give the mother some visitations back again. If she messed up again, the child would be placed with her grandfather and or uncle. The mothers' lawyer said that there are recent events leading to allegations about the grandfather and uncle, and that the child was not to be in their presence.

Can the lawyer just say "there are allegations" and not inform anyone of what they are?

My husbands' dad and step mom now have their lisence on hold for now until these 'allegations' have been investigated.

Is it time for a lawyer? Should someone from the family have stepped up? What are our rights to defend ourselves?

Grateful for any insight/information I can get!

 

[hexeliebe]

Is it time for a lawyer?

I hope you don't take this in the wrong way but the obvious answer to your question above is below....

DUH!!!!!!

Like about a few months ago.

 

[Blue_6321]

How could I not take it the wrong way....

We have been told all along from social services that we don't need a lawyer, only during the adoption process which would be far down the line.

Pardon me for being a dummy, but this is the first legal problem I have ever encountered in my life, it is all new to me, so if I react like DUH, well what can I say?

New info has come out as of last night. She called us in the middle of the night, drunk, and we found out what her 'new' allegations are. She is now accusing my husband of molesting our two kids. I may be legally dumb, but I'm not stupid. We're putting an attorney on retainer today.

Kick of it is.....she admitted on the phone last night that she lied about all the allegations, but it was necessary because if SHE can't have her daughter, NO ONE can. I tried to tape the conversation, but it didn't work, even tho it is illegal in my state.

Thanks anyways. Guess I have a huge battle. If there is anything that comes to mind to anyone other than how dumb I can be.....advice is still appreciated.

 

[hexeliebe]

. I tried to tape the conversation, but it didn't work, even tho it is illegal in my state.

And who told you this. It is in fact wrong. Minnesota is a one-party state. Simply put, as long as one party (participant) to the conversation agrees to the taping, you can tape until the cows come home.

Hook up the tape recorder, turn it to record each and every time you answer the phone then turn it off if it isn't her. Radio Shack has suction cups for just this type of thing.

It sounds like you won't have much trouble getting this idiot to admit again how she lied.

WOMEN!!!

 

[Blue_6321]

Thanks, I have a working recorder as we speak.
I had heard the one party rule for Minnesota, but I mistakenly understood it to mean I had to notify the other person. Like I said before I admit to being a dummy about these things. But I can learn.

My lawyer advise me to not contact her, but have the recorder ready in case she calls.

Grandma, who has court appointed custody as of right now, is supposed to bring the child to daycare today, and the mother is to pick her up for a unsupervised 2 hour visit. Grandma is going against the court ordered visitation, and did not bring the child to daycare. She will more than likely get in trouble for that.

We made all our concerns known to the guardian ad litem (sp?), and the case worker.

Thanks for your time and ear.