Ocean Springs Divorce Lawyer – Child Abuse

As an Ocean Springs divorce lawyer, this is one area I wish I never had to talk about.

Rachel and David Smith got married on March 13, 2004.

They had two kids who I will not name for privacy purposes.

On August 8, 2011, Rachel and David met with a counselor.

At this meeting, Rachel accuses David of molesting one of their kids.

On August 31, 2011, Rachel files for divorce from David and claims he molested one of the kids.

The Chancery Court Judge enters an Order giving David supervised visitation.

About a year later, the Judge signs another Order saying that a guardiam ad litem (fancy lawyer word which just means the Judge appoints someone to investigate what is the best interest of the child) should figure out if David was molesting one of the kids.

Someone called a “forensic interviewer” says the child told her during the interview that David was molesting the child.

Ocean Springs Divorce Lawyer – The Legal Mumbo Jumbo

Under Mississippi Code Section 93-5-23, a chancery court judge has two options for handling abuse allegations made during a custody proceeding.

The Judge may either (1) stay the proceeding until the allegations are fully investigated by DHS or (2) adjudicate the abuse allegations subject to Mississippi Code Sections 43-21-121 and 151 and the Mississippi
Uniform Rules of Youth Court Practice.

In Rachel and David’s case, the Judge chose the second
approach.

Since the Judge chose to hear the child abuse allegations, ppointment of a guardian ad litem is required by Section 93-5-23 of the Mississippi Code.

The Judge determines David gets the kids and there was no abuse.

It has to do with Rachel apparently letting David have the kids and setting up a hidden video camera in the bathroom.  The video and audio from the camera was never produced at trial.

Ocean Springs Divorce Lawyer – The Decision

So what happens?

The Judge goes back to the Albright v. Albright factors which I have talked about before on this website.

If you have not read that case, you MUST read the case.

I don’t know what the right decision was in this case.

This is a hard case.

I don’t know who is telling the truth and who is not telling the truth.

The Judge has to determine that and make the best decision for the kids and in this case he makes the decision that David gets the kids.