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Single Dad With Primary Custody Facing Police Questioning

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Location: Texas

So illl try to explain everything the best I can. I have primary custody of my 5 year old little girl. The mother is in the picture but my little girl was SA by her mothers husband (her stepdad) last December of 2024. Once I found out by what my little girl was telling me I immediately notified the authorities and CPS. The mother lost visitation and ended up divorcing her husband. He was never questioned as they could not locate him and now he has fled the state and the DA has made the decision to not prosecute.

A month or so later I was taken back into court by the mother and she had supervised visitation by the courts, one hour every other sat. This went on for appx a month and CPS was called again but against myself this time saying I was the one abusing my daughter. My little girl had to stay with her grandparents and I and the mother were under a no contact order while the investigation was done. Appx 30 days they complete the investigation, found no evidence and everything went back to normal.

Another month passes and back into court we go and now the mother has found a lawyer. Well she got her visitation reinstated unsupervised, so every other weekend and Thursday night for 2 hours.

Appx 3 weeks ago the mother decided not to return my daughter Thursday night and while I called the police they said “there’s no action we can take as it’s a civil matter” the mother took her to school Friday morning, and TRIED to pull her out early but couldn’t as she isn’t listed on the pick up list. My lawyer stated to Me just continue the visitation as normal, don’t defy the judges signed custody agreement order so back she goes to her mothers on Saturday and everything went ok except Monday I had another CPS case opened against me. So my daughter is once again with her grandparents, her Mother and I both have a no contact order with her and they just had a forensic interview with my daughter on wed morning. The only difference is now the investigating detective is asking for me to take a polygraph.

While I have done nothing to My daughter except give her the best care I can as a father I don’t know if I’m comfortable taking a polygraph. I was told by CPS and the investigator if I pass the polygraph everything will be dropped and my daughter will be returned to my care. But polygraphs aren’t 100% accurate, and non admissible in court? Obviously there’s a reason why. I haven’t done anything but I sure don’t want to incriminate myself in any way. They also are gonna make an appt for me to come in for an interview but I don’t know if I’m comfortable talking to the investigator either without proper counsel present? I’m struggling a bit to stay afloat financially and certianly can’t afford some high dollar criminal attorney so what are my options here? Ive almost exhausted all of my savings just going thru all this custody trials and I did have a custody lawyer.

Do I go to the appt at the police station and state that I need to have an attorney present before I will answer any questions? Refuse to answer? I haven’t been charged with anything but I don’t want to say the wrong thing either? I’m also going thru the process of entering the Marine corps and my recruiter said as long as there is no pending charge I’m fine…. But I’m kind of at a loss….. I’m really nervous and worried about my child. There is a temporary custudy agreement for her grandparents to act in my stead while I’m in boot camp and training. That takes effect when I ship out but the papers are already drawn and signed.

Sorry for such a long read and thanks in advance for any help

submitted by /u/chuck-u-farley-
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