Legal Question in Family Law in Alabama

Two Wednesdays ago my son (7) said something in class that caused his teacher to contact Social Services (DHR in Alabama). It took several calls to finally get a case worker to call me back and explain what was going on. I have been told that I am not to have any contact with my children until an investigation has been made into charges that I sexually abused my children!

This is the most absurd and baseless thing I have ever heard! For 3 years since my wife left me I have been a faithful father to my two boys who I have had joint custody of and see only every other weekend -- no girlfriends; no live-in lovers; no drinking; no partying -- none of that kind of lifestyle (and I don't have a history of this anyway). I have dedicated my time to my kids, church and work.

Now, I'm being accused by DHR of sexual abuse and my ex-wife seems to be going along with it! We have had a "civilized" relationship up until this point, but now she is actually accusing me as well!

I have tried calling DHR on several occasions and they refuse to return my phone calls. I have offered to provide character witnesses substantiating my character and proving my innocence, but they won't return my calls and tell me how/when I should provide these.

Now, my ex-wife, who has done the opposite -- she is on her second man, has lived with him with our children unmarried, but now is on her own -- is now not answering me when I ask about whether I can even have phone contact with the children.

I want to know what my legal rights are as far as contact with my children is concerned and how am I supposed to ENFORCE this without going before a judge? These allegations are absolutely ridiculous! I'm losing my kids and I haven't even done anything!


Asked on 11/30/10, 9:42 am

1 Answer from Attorneys

Richard Jensen Richard D. Jensen, Attorney at Law

The first thing you need to do is STOP TALKING to DHR or anyone else but a lawyer with experience with DHR and sex crimes cases. This is a CRIMINAL case and anything and EVERYTHING you say will be used against you. Contact me for further consultation. You are in the fight of -- and for -- your life and you need to realize that.

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Answered on 12/06/10, 8:31 am


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