Q: I have a 5 yrs old granddaughter who is being touch by my
daughter boy friend. She told me he comes in her room when my daughter is
alseep. he touches her arms and legs. I ask did he do anything else she said no.
I contact ACS now they are doing an investigation. What do I do now? Can I file
a petition to try in get custody of my grandchild? Can you please help
me.
A: David's Answer: If you feel you're
granddaughter is in danger, you've attempted to discuss the situation with your
daughter & she's not doing anything about it, then the answer is yes. You
should be aware, however, that ultimately to sustain charges of child abuse
either ACS or yourself will need corroboration of the abuse - which sometimes is
difficult to prove in a "mere" touching case. -- David Bliven,
Bronx Child Custody attorney (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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