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I just found out my sons mother had sex with a minor? Do I still have to give my child back to her even if I have written proof?
Anonymous3 views3 answers
I have written proof on Facebook of the minor admitting to saying yes to having sex with my ex wife when we were married a couple years ago.. I have been fighting for more rights to my child and I find this out. I don't want my child living with a petafile.. The minor was 14 years old at the time and she was 23 years old.. What can I do to keep my son away from that? I just found this out and I don't know if she is still into that.. I gave the information to the police. Does the minor have to testify in order for her to get convicted? Even if I did provide proof?
Joshua Stewart EldenBradyCriminal Defense AttorneyNorth Muskegon, MI ·
Facebook posting by the minor saying that they had sex are not proof and may not be admissible in court as hearsay. However, the existence of the post makes it more likely that a prosecutor will press charges even if the victim (under 16 is CSC 3 in Michigan) in uncooperative.
Even if the prosecutor does not bring charges, you may have the ability to use the Facebook post in a child custody hearing. If you do not have an attorney for your child custody case, you should consider hiring one as this adds some very serious issues to the case.
The short answer here: Yes, until further order of the Court you must give the child back as the Court order requires. If you don't, you will be in violation of the order. If you are seeking to modify the custody agreement, I would strongly suggest that you hire an experienced family law attorney in your area to help you. Modifying a custody agreement is very difficult. I believe the other part of your question has been answered as well. Best of luck.
