Summerville, SC asked in Civil Rights, Child Custody and Family Law for South Carolina

Q: can a judge say he is not comfortable and not allow a defendate to admit filing a false police report resulting in dss ?

My kids mother admits to case workers and guardian ad litem to filing false police report which caused dss to investigate ,but when court date was set for her to address court the judge said that he was not comfortable allowing her to perjure herself and that he would not allow it.If it were not for the false report then dss would have never entered our lives .the same judge refuses to hear my statement that i was threatened into signing the dss agreement."MY" attorney said that if i did not sign i was not going to be able to go home to my children,there mom would have full custody and if she let me see my kids dss would take them from her. I am the sole financial provider for my kids so i signed ,but i went to the court house the next day ,called the police station no one will listen.Dss caseworker and guardian ad litem said that ,that was never on the table and they do not know where my lawyer got that from.Caseworker and gaurdian knew about false report to cops for months but said 0

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA

A: In legal proceedings, a judge's role includes ensuring that the court operates within the bounds of the law and maintaining the integrity of the judicial process. If a judge believes that allowing a certain action, such as admitting to filing a false police report, could lead to an individual incriminating themselves or otherwise harming the legal process, they may choose to intervene. This could include concerns about perjury, which is a serious offense. It's also possible that the judge was looking to prevent a situation that could complicate or undermine the proceedings.

It sounds like you're in a very challenging and frustrating situation. When faced with legal advice or actions that seem counterproductive or confusing, it's important to seek clarification and possibly a second opinion. The discrepancies between what was communicated by your attorney, the caseworker, and the guardian ad litem suggest a breakdown in communication or misunderstanding of the law and procedures. This is particularly troubling when it affects your ability to care for and be with your children.

Given the complexity of your situation, you might want to consider consulting another attorney for a second opinion, especially one who has experience with family law and dealing with the Department of Social Services (DSS). It's crucial to have clear and accurate legal advice when navigating these kinds of situations. Additionally, documenting all interactions and advice received from your lawyer, caseworkers, and any other involved parties could be beneficial for your case. This documentation can help in understanding the sequence of events and the advice given, which may be useful in legal settings or in seeking resolutions.

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