Worried parent

[Luis Diarte]

Jurisdiction

California

This is for my brother: My cousin is divorcing her husband and fighting for custody f their son. It has turned very ugly. He has accused her of financial fraud and she has accused him of domestic violence. She has an open investigation going on for the fraud and he has NO history or police report of any domestic violence. My cousin felt so mad at her ex for filing charges against her and opening an investigation against her that she accused him of molesting my brother's daughter five years ago and told the Social Worker investigating her and their son's welfare. There was never a police report filed because while my brother and his wife considered what action to take, my cousin's ex had a stroke that let him in a coma and then disabled. My brother lived 5 hours away and felt there was no point in doing anything further.
My brother is outraged because he doesn't want any DFCS talking to his daughter and reviving what has healed, if there was anything to be healed from. My niece is doing well and has no behavioral issues, they are religious and are very active in social services ministry.
Can my brother stop DFCS from speaking to his daughter? Would he face any legal ramifications for not acting five years ago? Would there be a possibility for an open investigation against him. Can he just decide not to talk and stay out of this messy custody battle?
Please, your input is needed and welcomed. Thank you.

 

[army judge]

No one can guess the outcome of any criminal investigation.
All he can do is invoke his right to remain silent, if approached by the authorities to discuss the case, and if arrested same thing, except he then should also request a lawyer. No matter what its never wise to discuss or try to explain away any criminal investigation. Anyone in that predicament should be calm, polite, smile, and remain silent AFTER invoking.

 

[ElleMD]

Wait, so your niece was molested 5 years ago or this cousin just made it up totally? If the former, I don't care how religious or whatever they are or how well this little girl masks it, she needs help. And yes, if he knew of the abuse and did nothing about it, he could be in hot water. I can not even begin to fathom my child being molested and not doing anything about it. Bro needs to get his head out of the sand and act like a parent. The perpetrator being ill and far away does not change anything for his poor daughter who is now also statistically much more likely to be victimized by someone else. Whether he sought legal recourse is immaterial. Whether or not he got help for his child very much is.