Falsely accused of child molestation by ex, what now?

[justinlane]

Hello. My ex-wife had me arrested on april 18, 2009 for alleged child molestation. We had just separated and it was my first weekend to get my daughter. We set up an meeting place at her brothers house for 10:30 p.m., but I was at my bosses house from working that day. Shortly before the meeting time, the sheriff showed up at my bosses house and asked if I was there. The sheriff then placed me under arrest for a warrant for child molestation. I was kept in jail for two weeks until my boss was able to get a property bond and cash bond to get me out. I was not informed of any part of my case until after spending the first weekend in jail. I did not tell the detective anything because they are not trying to help you at all. There was no physical evidence, only circumstantial evidence that my ex-wife created. The case was finally dropped because of insufficient evidence a month ago. I actually had a great public defender who put in a lot of time for the case.

SO, after a year of going back and fourth to court and not being able to contact or see my daughter, I am trying to see what actions can be taken. In regards of custody, how would I go about trying to get custody? Will it all have to be supervised with DFCS? What about grandparents rights?

In regards to filing the false report, is there any legal action that can be taken against my ex? As so many other people who have posted about being falsely accused, I feel like my daughter was taken from me.

Thanks for any help

justin

 

[CdwJava]

It is very doubtful that she could be prosecuted for a false report. The state would have to show that she knowingly and intentionally fabricated the matter and that is a very difficult burden to meet. The case against you was apparently dropped for a lack of evidence and NOT because she falsified the report or committed perjury. That is probably as good as it will get.

To try to get custody or visitation you need to contact family services or the court (not sure how it is set up your way) and find out how to go about filing for this sort of thing. If you google the relevant terms or can find a county court website you can find out a lot of information.

 

[Duranie]

You need to get an attorney and file for visitation ASAP. In order to get custody you have to prove mom unfit but at any rate you need an attorney. Not sure whos grandparents rights you are speaking of. Normally your parents would see the child on your time. Maybe all of you can work together and get an attorney so that you can see your child.