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I need a LAW, RULING, etc. that allows a wrongly accused person (in this case female)of sexually molesting a 10 yr old girl to be allowed to see that girl supervised by child's father. The unjustly persecuted woman was accused by her fiancee's ex-wife.
---There were never any charges brought against the accused.
---The accused (who resides in NYC) flew to CA. where child lives to seek help from Detectives of Child Abuse
---She took a voice analyzer stress test (the substitute and much more precise instrument of the polygraph), a three hour interview with detectives, etc.
---Results from all tests proved that person was not even vaguely capable of molestation charges.
---The child wants to desperately see the very woman that the child gave testimony about to Social Service Workers and Police. (A video tape was made)
---The child saw her father's fiancee (the one she accused) over the Christmas Holiday and confessed to the fiancee that she had to stick to her story, otherwise her mother explained to her that they would both be charged with perjury. The mother would be sent to prison and the child would live in an orphanage since the mother claims the child's father who works in NY 3 out of 4 weeks permonth (the other week he flies back to CA and spends ten days with his daughter)
would not know where the child was taken and therefore would never find her again.
---The child longed to see her father's fiancee again and another reunion was planned for two weeks after the initial get together.
---When child's mother found out about her daughter seeing her ex-husband's fiancee she went again to Sociaal Services and explained that she had not been made aware of the fact that her daughter had intentions of seeing this woman.
---Social Services going only on the mother's request and child's original statement declared that the case could be supported of molestation and that this innocent woman could not see the child, not even with supervision.
******My question: If the child's father married this "accused" woman - how could social Services prevent the now married couple to have the daughter on visitation etc. I must have some document, law, rule etc. to back up the statement.
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A young girl was accused of being molested by her father's fiancee. If no charges are brought against the father or woman, the child has the right to see the father and his fiancee under court supervision. Since the girl admitted to her father and his fiancee that she was coerced into telling the story by her biological mother, the father's home is found suitable for the girl to live in, with his fiancee. Legal proceedings are brought against the biological mother.
I do not know of a specific ruling or law that prohibits the child from seeing and living with her father and his fiancee. However, what may happen is that the biological mother, along with social services will bring the father and his fiancee to court. I would strongly suggest that the father consult a lawyer regarding this matter. If brought to court, the girl will have to testify and in which case, since she is under oath, will have to admit that she lied regarding her father's fiancee molesting her. If she does lie under oath, the girl can possibly be charged for perjury and be sent to a juvenile detention center. The child needs to be made aware of all these circumstances and if she wants to live with her father and her soon to be new stepmother, she needs to be ...
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