"Preponderance of Evidence"

[DadsCrushed]

At the PL I got hammered by means of a picture in our family photoalbum whereby my wife claimed and won that I sought sexual exploitation of my child because the picture was an image of my 2 year olds butt. Since then I have been completely exhnonerated by CPS of no molestation, a Forensic Evaluation which concluded that my wife was possibly molested and no identifiers of me as a pedophile, and two medical reports that my child was not molested.

My concern is that I know my wife will bring up the image again at the final hearing in mid-August. Has anybody had experience and hopefully success at a final where the facts state no molestation or sexual exploitation of a child even though there was a loss at the PL based upon preponderance of evidence?

Comments would be appreciated?

[Kitty C.]

Unless someone knows more about this than I do, I was always told that once evidence is brought up, that is it.  I don't think she can bring it up again since the issue has been resolved to the satisfaction of the courts and it certainly can't be considered new evidence.

Anyone know anything different?

[ksmarks]

First what is a PL?  I am sorry not familiar with the term. Second, what state are you in?   Is this a custody dispute or a divorce?  I really can't  make heads or tails with the infoirmation proved thus far...


I will say that my family albums also contain images of kids on potty seats, swiming at the beach and losing their diapers, etc. , that can't be that uncommon.

keep posting... I'll look to see what I can find here & good luck!

[DadsCrushed]

PL is pendente lite in MD. The information has NOT yet been placed on the record ergo the preponderance of evidence. Now that I have factual information exhonerating me, I'd think the liklihood of preponderance of evidence can't happen. Concerned that it only takes one idiot judge to overlook the record and buy this BS.

Do note that in MD you do not want pixs of your children in tubs, diaper changing, topless, etc. Moreover the pixs do not show any genitialia but a butt. MD the best interest of a child is that you may sexually exploit your child with such a pix.

My only comfort is that the ex has filed molestation charges against me earlier in the nightmare and dismissed the charges even though I had to be investigated. The fact that she is making false claims and dismisses the charges should squash this preponderacne at final

[ksmarks]

What does your attorney say?

Best, K

[ocean]

How did she get the picture to use against you? and how did she get the picture into evidence the first time?
When Dh tried to get a picture into evidence his lawyer had to call me because I took the picture to prove that the picture has not been altered. So really the picture should squashed by your lawyer..tell them so they are ready to challenge it. The judge will not look at picture until a decision is made.

[DadsCrushed]

The photo was in the photoalbum. The wife mysteriously recalled the image a week before trial and argued that the pix was disgusting even though it was in the photoalbum of a 2 year old's butt.

My attorney and I laughed at the charge and pix because he said he had the same pix in his album of his daughters. We were stunned at the PL.

With a complete record now, I do not see how they can rule on preponderance of evidence when there is fact that no molestation or sexual exploitation occurred.