Hello,

I have a few questions that I am hoping that someone will be able to answer for me. Before asking the questions I will attempt to give a brief background of the situation. The state in which this all occured is WV.

In march 2006, my nephew who is now 9 years old told me that he was being sexually abused by his 14 year old step-brother (now 15) during visitations with his father. Along with as much help as I could provide my sister began what has turned into a very long and drawn out process of filing police reports and trying to make everything stop. There has been a complete CPS investigation (they believe that abuse did occure, however they did not believe that the father or the stepmother had knowledge of the abuse, so therefore could not justify stopping visitation at the father's home.), there was a complete police investigation and there was a juvinile petition filed agaisnt the step-brother. We are currently awaiting the hearing against the step-brother.

In December of 2006, the father and step mother picked the children up for weekend visitation. After getting the children (12 year old niece)The step mother yelled and degraded both children (mostly my nephew) until they were both in tears. She then began calling my nephew very inappropriate names and said that her son never touched him. This continued until my nephew was forced to recant the statement and say someone else actually abused him. At this time they filed a police report stating that my sister knew that someone else had actually abused the child and continued to allow it to happen.

Once there was a hearing everything against my sister was dropped however, the CPS, police and the DA's office all wanted to have the children interviewed concerning the issue of the step-mother forcing my nephew to recant his statment. After the interview the step-mother was arrest for felony witness tampering. She is to have not direct or indirect contact with either either child.

There is much much more but as I said I am trying to give as much information as briefly as possible. If there is any questions that you have that will make it easier to answer my questions please let me know. Thank you in advance for your help.

Question #1: If the stepmother makes a plea can it or will it be a condition of the plea that the restiction of direct or indirect contact continue.

Question #2: The father is trying to take custody away from my sister, can he do this as long as the step mother is still in the home.

Question # 3: The GAL refuses to talk to my sister and has actually recommended to the family court that the stepmother be given visitation with my niece on every Wednesday. (this was before the arrest). If the GAl doesn't recommend that vistation with the stepmother be stopped can anything be done to the GAL and if so what would it be.

Question #4: If the stepmother pleas or is found gilty (she has already been indited) can my sister seek Civil charges for what the step-mother has done to her children?

Question #5: If the stepmother pleas or is found gilty, can the father (who was present when this occured have charges filed against him for allowing it to happen?

Once again, thank you in advance for any help you might be able to give. I look forward to hearing from anyone who can help!

Kim

Civil Service organizations represent people in cases which are not criminal in nature--such as landlord/tenant issues, used car issues, domestic relations, public benefits, etc. Criminal Service organizations represent people in cases which are criminal.

__________________
http://www.duiattorneytab.com