My daughter has problems. She is 13, beautiful, funny, smart, energetic, inquisitive, lonely, depressed and angry. She never really has had ...

Question

My daughter has problems. She is 13, beautiful, funny, smart, energetic, inquisitive, lonely, depressed and angry. She never really has had any friends and has complained of feeling invisible. When she finally found a friend, somebody who actually cared, she was a couple years older and moved onto high school and other interests. She didn't stop liking my daughter and has on several occasions tried to include her but most people sadly don't like my daughter. I hate it, but it is true.

When my daughter gets sad enough or mad enough or any other emotion enough that isn't getting her the attention she feels she deserves she had a very bad habit of lying to get sympathy. Usually in the form of a false sexual abuse allegation. She has done it four times so far, each against a different person and has always taken it back after about a week of getting the royal treatment from law enforcement and child services. She was taken from the home before and was always surrounded by people she knew and trusted. Well now she accused me. She was removed from the home and the investigation began. I use the word investigation very loosely because it was actually just the detective telling me I did it and really nothing else. After awhile of that conversation he came to my house and removed her bedspread and blanket to look for DNA and then they took her to the safe exam. That was last Thursday and I still am not arrested. Why? Because I am innocent. I tried on several occasions to talk to the detective and the child services worker that she has done this before and they need to look at her file. They say her past history of false accusations is irrelevant. I tried to explain to them that her older brother was there with me the whole time that she claims I molested her and that he will confirm my story but they say they don't need his testimony. He is 15 so I know he can testify. They separated her from her siblings and placed her in an undisclosed foster home because they know ( in my opinion ) that if they leave her with them they won't let her lie. THey have refused to ask my other kids about it because ( again, my opinion ) they know the truth and don't that to come out. They tried telling me that she is happy to be away from me and I am almost positive that they told her we dont love her but we have a friend whose kids go to her school and they say she is more depressed and scared than ever. I think its because she wants to come home. Why would her past be considered irrelevant? Why would her brothers testimony to confirm or deny her story not be important? Why do they refuse to even look at the evidence? Also the safe exam was last Friday. If they had found any physical evidence of any form of abuse, wouldn't they have already arrested me? I'd like to think that if they have the evidence they need to arrest a pedophile, that they'd get him or her off the streets immediately instead of letting them walk. Instead they have my daughter in a foster home and are buying her new clothes, music, coddling her and I am sure reminding her what to say. So why? to all my why's.

Answer

Without knowing all the facts, it would be ludicrous for an attorney to speculate about a law enforcement conspiracy. These type of investigations take time. Once the child is out of the house, the immediate threat is ameliorated. You should have had an initial hearing or team meeting by now. You should have learned more about the facts there. Based upon what you reported, the other parent should have access to your daughter soon, if your daughter wants to see her.

If no hearing or team meeting has been set, your attorney can file a Habeas Motion.

Good luck