Legal Question in Family Law in Missouri
Falsely Accused of Abuse
If a child accuses the parent of abuse. The police were called by non-custodial parent. Police came to home, took statements of all parties and said they were filing charges against father for smacking 16 year old boy, but father was not taken to jail, and 16 year old boy was left in father's custody. What will happen, and is there anything that the non-custodial mother can do to stir up even more trouble, just because abuse was ALLEGED. I don't understand why the police would charge him, not take him in, and not remove the child. Scared the mother may try more lies to cause more trouble.
1 Answer from Attorneys
Re: Falsely Accused of Abuse
Just because father was not arrested, does not mean that charges are not going to be filed. The police would have needed a warrant to remove a 16 yr old who did not want to go. Either the police (or the judge) did not feel that the son was in immediate danger from staying with the father. If the son is truthful, and teh father did not hit the son, then father has nothing to worry about. If the father hit the son, he could be tried and convicted. Missouri allows spanking, but not punching, etc. If the son lies about hitting that did not occur, then it is impossible to predict whom the judge will believe, based upon a short description of the facts, such as here.
Good Luck
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