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Can a lawyer do this?

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Junior Member

My 8-yr. old granddaughter was exhibiting some strange behavior. She was very withdrawn, crying all the time, etc. My daughter thought she was just going through growing pains, but finally got out of her that her dad had been touching her inappropriately. At first my daughter thought she was confused and didn't really understand, but as she told her more details, she sought professional advise. The therapist believed my granddaughter and called CPS. CPS came out unannounced. They described my daughter's home as very clean, warm and child friendly - basically, the painted my daughter as an excellent parent. They told my daughter they also believed the child was telling the truth and that my daughter had to put a restraining order or they would remove her from both homes and place her in foster care. My daughter asked if she needed a lawyer and was told "no, this is a done deal!"

My daughter's ex lives across the street from us. I found out later that he had a 4-day warning that CPS was coming out. He hired a crew to come in that week-end and clean his house and yard up. Instead of the social workers that visited my daughter, they sent out an elderly woman who fell for his "poor me - I'm a victim" routine and the final report said it was "Inconclusive" The judge told my daughter that under the circumstances his hands were tied and ordered mediation with a supervised visit prior to mediation. It was decided at mediation that he would get 3 hrs. of unsupervised visitations twice a month. When my daughter went back to court to have it finalized, her ex brought an attorney from hell demanding full 50% custody which the father doesn't even want. When my daughter told the judge she was caught broadside with this, the attorney told her to sit down and shut up. The judge scolded him for this and upheld the mediation agreement.

Yesterday, my daughter got a copy of a letter from this attorney to a psychologist stating that my daughter was a liar, my granddaughter was a liar, and that his client was not assertive enough and he wanted this psychologist to work towards reunification so he could get back his 50/50 time with his daughter.

I know my daughter needs an attorney, but I thought it was a conflict of interest for the attorney to recommend, let alone contact, a doctor or therapist on behalf of their client. Where are my granddaughter's rights? She's been promised by 3 professionals that she did not have to see her dad and now that promise has been broken, but she is being forced to meet with a psychologist who is being paid to get her dad off the hook. This has got to be a conflict of interest in some way. My granddaughter already has a therapist and should not be subjected to one who has been sought out by an attorney not even remotely interested in her best interest. If this is a conflict of interest, how does my daughter go about preventing it from happening before she finds a good lawyer?


Senior Member
did cps talk to the child about the molestation? I only see that they spoke with both parents.
OP said "they told my daughter that they also believed that the child was telling the truth". I think that indicates that they spoke to the child.

Ok...as to this psychologist....did the judge order your granddaughter to have therapy with this psychologist? Is your granddaughter seeing this psychologist on a non-court ordered basis? Or was this a letter that the attorney sent to some random doctor? Explain that more fully.


Junior Member
CPS spoke to the child in another room - away from my daughter. I don't think they asked my daughter any specifics - they referred to the therapists' report. They told my daughter that she handled it "perfectly" I'm a child development specialist so I am well aware of the difficulty in proving child, sexual abuse cases.

The mediation agreement did stipulate that the father would receive counseling, but it did not say that the lawyer would obtain the counselor for him, nor would it include my granddaughter. In fact the mediator specifically told my daughter and her ex that it would be damaging to my granddaughter to do this - that she should stay with her counselor. My daughter received a call from the psychologist this afternoon to set up an appointment with her and her ex. My daughter refused until she can obtain legal counsel.

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