False Accusations Against Parent

Summary

In Kansas, sharing explicit images of a minor, even if the minor took the photos, is considered child pornography and can result in severe penalties, including fines and imprisonment. Emotional abuse can also be grounds for legal action, such as restraining orders or charges of child endangerment. Its crucial to gather evidence, including text messages and emails, and consult with an attorney to navigate these complex issues. Discussing the situation with your attorney and possibly subpoenaing phone records can provide additional support for your case.

Full Conversation

My ex-wife is using one of my children to file false accusations against me that puts my child in danger of having charges brought against the child
What state are you currently residing in, James? This will help me provide you with the most accurate information.
Kansas
What specific accusations are being made against you and your child?
Claims that pictures of the child were found on the family laptop, pictures that were taken by the teen and were sent to another teen
What is the age of the child involved in this situation?
*
What is the nature of these pictures? Are they explicit or inappropriate in any way?
They are very explicit
What actions have been taken so far regarding these accusations?
I have checked multiple times to make sure pictures were not anywhere on the computer and I requested prior to all of this to make sure all pictures from the childs phone were deleted because it is child pornography even when the person sending them is a minor
Have any legal actions been taken against you or your child?

In Kansas, sharing explicit images of a minor, even if the minor took the photos, can be considered child pornography. Penalties can include fines and imprisonment.
The child left the home and is staying with my ex-wife and the filed a PFA against me that is currently pending. I don't want my child to get into trouble, but my ex-wife is convincing the child to file a formal statement about the pictures
Has your child been formally charged with any crime related to these pictures?

In Kansas, child pornography laws are strict. If convicted, penalties can include imprisonment and mandatory registration as a sex offender.
Not at this time, but can my ex-wife be charged for assistance with the child filing self incriminating statement
What actions has your ex-wife taken that you believe could be considered as assisting in filing a self-incriminating statement?
She has been manipulative in nature and has no regard for my childrens safety as long as she believes she can hurt me
What evidence do you have of your ex-wife's manipulative behavior and disregard for your children's safety?
I don't know how to prove how she's doing it. She had already been investigated for child abuse and the only thing DCF could confirm at that time was emotional abuse on all * children
What actions have you taken so far to protect your child from your ex-wife's manipulative behavior?
I have called DCF for a second time and am still waiting to hear back from them to know if there is enough just from my statement to open another investigation on her. With the current PFA against me, I am not allowed any contact with three of my five children
What is the status of your PFA (Protection From Abuse) case?

In Kansas, violating a PFA can result in criminal charges, fines, and possible jail time.
Still pending there was a hearing, but it has been continued until early September
What is the nature of the PFA filed against you?
The pictures of the child being on the laptop, inappropriate conversation with the child, and that I don't properly care for the children
What evidence does your ex-wife have to support her claims in the PFA case?

In Kansas, evidence plays a crucial role in PFA cases. It can include photos, messages, or witness testimonies.
To my knowledge, only the formal statement that has not been submitted to the court yet
What is the content of the formal statement that your ex-wife plans to submit to the court?
At this time, I have no idea
What steps have you taken to secure legal representation for yourself and your child in this matter?
I have an attorney working on it, and I will also have statements from my two other children that are still with me
What is the nature of the statements your other children will be providing?
The mental state of the other child, and the abuse that their mother has done to them in the past. As well as confirming that I do probably take care of all of my children and that I am very strict on regards to what material they have access to
What steps have you taken to ensure the safety and well-being of your children who are still with you?

In Kansas, child abuse is a serious crime. If convicted, penalties can include imprisonment and fines.
To have no contact with and seeking counseling for them again
What type of counseling are you seeking for your children?
Family counselor to help them get through all of what is again happening to our family
What is the age of your other children who are still with you?
*
What is the name and contact details of your attorney?
Being overly cautious at this time, I'm not comfortable giving that much personal information
That's completely understandable, James. Can you tell me if your attorney has taken any specific actions regarding your case?
Currently, the attorney is working on having this dismissed
What grounds is your attorney using to seek the dismissal of the case?
That the PFA was filed falsely and the many character witness for me and my children
What are the details of the character witnesses your attorney is planning to use in your defense?
I'm not completely sure, three of them are my ex-wife sister, mother and father
What are the statements these character witnesses are expected to provide in your defense?
That I am and have been a very caring father and always take care of my children
What is the current status of the investigation by the Department of Children and Families (DCF)?
Pending review for possible investigation again
What is the nature of the emotional abuse that was confirmed by DCF in the previous investigation?
It wasn't disclosed in the final report
What actions are you considering to take regarding the undisclosed information in the DCF's final report?
What I really want to have happen is for my ex-wife to finally be made to stop hurting me and my children emotionally or mentally
Have you considered filing a restraining order against your ex-wife for emotional abuse? In Kansas, emotional abuse can be grounds for a restraining order.
If I can get my children back home and safe I would definitely consider it, I fear what she is capable of doing if she gets challenged and I don't want to put my children in potential danger
What steps have you taken to ensure the safety of your children in case they have to interact with your ex-wife?

In Kansas, a restraining order can help protect you and your children from emotional abuse.
We do everything in our power to make sure we have no contact with her
What measures have you taken to document or record any instances of abuse or manipulation by your ex-wife?
All communication with her has been through text with the exception of brief information relayed at drop off and pickup of the children when they had visitation
What steps have you taken to preserve these text messages as evidence of her manipulative behavior?
They are all saved in my phone
What steps have you taken to ensure these messages are backed up or saved in another location in case of phone damage or loss?
They are saved online with my phone provider
What is the name of your phone provider? This information could be useful in case you need to retrieve these messages for legal purposes.
Verizon
What steps have you taken to ensure that these messages are admissible as evidence in court?
From my understanding it is at the judges discretion
What is the name of the judge presiding over your case? This could help in understanding their past rulings and tendencies.
I don't have the name available at this time
Do you have any other evidence or witnesses that can support your case?
Other than showing proof that there are no such Media on any devices
What steps have you taken to secure and document this proof that there are no explicit images on any of your devices?
Other than giving access to them I don't know any other way
What steps have you taken to ensure that your devices are secure and that no explicit images can be placed on them without your knowledge?
Other than disconnecting them from any Internet, I can't think of anything else
What steps have you taken to ensure that your children are not sharing explicit images with others?
I think my phone froze
Have you tried restarting your phone? Sometimes a simple restart can help resolve minor technical issues.
It appears to be working fine again
What steps are you taking to ensure your child understands the legal implications of sharing explicit images? In Kansas, sharing explicit images of a minor can lead to serious legal consequences, including fines and imprisonment.
By talking to them about it and showing them the laws in regards to it
What specific laws have you shown your child to help them understand the legal implications of sharing explicit images?

In Kansas, it's illegal to produce, distribute, or possess explicit images of a minor. Penalties can include imprisonment and fines.
The Kansas state laws posted on multiple state websites
What are the specific Kansas state laws you have shown your child regarding sharing explicit images?
The same as you mentioned above
What steps are you taking to ensure your child understands the seriousness of these laws and the potential consequences of their actions?
Talking about it with them and making sure they fully understand
What steps have you taken to ensure your child is not engaging in this behavior again?

In Kansas, it's crucial to educate minors about the legal implications of sharing explicit images. Penalties can include imprisonment and fines.
The child that has been doing this has been told many times to not do this but currently, I am not able to have contact with the child and my ex-wife encourages this type of bad behavior including being supportive of the child engaging in sex
What steps have you taken to report your ex-wife's behavior to the authorities?
Making the call to DCF and waiting. Unfortunately, much of this behavior can be seen as hearsay
What evidence do you have to support your claim that your ex-wife is encouraging this inappropriate behavior?
An email that the child sent to another child stating that her mother said it was ok to do inappropriate things when the child was *. Other than that, I am certain that there is text between my ex-wife and the child in the last few months saying it's ok to have sex as long as the child uses protection
Do you have copies of these emails and text messages that you can use as evidence in your case?
I do have a copy of the email but the text are on the childs phone as well as my ex-wife phone so I would assume that a subpoena would be required to check their phones
What steps have you taken to secure a subpoena for the text messages on your child's and ex-wife's phones?
I haven't yet, I don't know how to do that and it hasn't been discussed with my attorney yet
What is the name of the court where your PFA case is pending? This information will help me provide you with the contact details of the court.
Contact details as in the numbers I could call to get it in the works?
Yes, the contact details would include the phone number and address of the court. The court handling your PFA case in Kansas would be the District Court.
I have all of those numbers at home and I am able to go to the courthouse on person
That's great, James. It's important to keep open communication with your attorney and discuss all possible evidence, including the potential subpoena for text messages.
Based on all the Information provided, is there anything that my ex-wife can be charged with that will finally get all of this to stop?
Has your ex-wife been formally charged with any crime related to these incidents? In Kansas, emotional abuse can be grounds for legal action, including restraining orders or charges of child endangerment.
Not yet but I would assume that would be discussed
What steps have you taken to gather evidence of your ex-wife's emotional abuse towards your children? In Kansas, evidence of emotional abuse can be crucial in legal proceedings.
I only have the word of my children and any information that anyone else could testify on
What other individuals could potentially testify about your ex-wife's behavior towards your children?
School counselor that have talked to the children and the family counselor that my children and I were seeing when this all started * almost 6 years ago
What is the nature of the discussions your children had with the school and family counselors?
The things she would say to them, how she treated them such as her telling them that she hated being a mother and multiple times telling them they are stupid
What steps have you taken to ensure these counselors are willing and able to testify in court about these discussions?
I don't know the laws for having them disclose confidential conversations
What is the nature of the confidentiality agreement between your children and their counselors?

In general, confidentiality can be waived if there's a risk of harm to the client or others, or if it's court-ordered.
I don't know
What steps have you taken to discuss this issue with your attorney and understand the legal implications of counselor confidentiality?
I haven't been able to discuss everything with my attorney yet mainly because he is a new temporary one that was referred by my regular attorney who unavailable at this time because she is out of the country currently and won't be back until mid September
What is the name of your temporary attorney and have you discussed the possibility of subpoenaing your ex-wife's and child's phone records with them?
I'm waiting to hear back from the attorney and will discuss everything then, this chat has provided me with many questions that I not thought of
What is the name of the court where your case is being handled? This will help me provide you with the contact details.
I already have the contact details
What is the nature of the emotional abuse that your ex-wife is inflicting on your children?

In Kansas, emotional abuse can be grounds for legal action, including restraining orders or charges of child endangerment.
Manipulation and defamation of character towards me
What specific instances of manipulation and defamation can you provide? In Kansas, defamation involves making false statements that harm the reputation of another person. Evidence is crucial in such cases.
Again the statements my children can provide
What are the specific statements your children can provide regarding your ex-wife's manipulation and defamation?
I don't know, they would need to be spoken to by someone from the court or DCF
What steps have you taken to ensure your children's statements are heard by the court or DCF?

In Kansas, child's statements can be crucial in cases involving emotional abuse or defamation. It's important to discuss this with your attorney.