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He isnt being legally forced to take the polygraph, it is just the recommendation of the child custody evaluator. He wont be legally obligated until I sign the papers. We are just afraid that if we refuse to take the polygraph it could mean me not being able to see my child.
I will contact a lawyer about it. Thank you for all your help. I will keep in touch on the matter so that maybe someone else with a similar problem can benefit from our experience.
Posted by: George W. Maschke Posted on: Jul 14th, 2007 at 7:48am
It seems doubtful that your husband could legally be forced to submit to a polygraph "test." After all, it's a thoroughly discredited, pseudoscientific procedure. What agency ordered your husband to take a polygraph "test?"
I think you and your husband should seek legal advice regarding your options. Martindale's Lawyer Locator service might be helpful in finding a lawyer near you with experience in family law:
My daughter told me she was being abused by her biological father a few years ago and he passed a polygraph test so they dropped the case. A few years later after a custody evaluation my current husband was ordered to take an independent polygraph test before he could see my child again.
After getting his first polygraph test done, they told him that it was on the truthful side but it was inconclusive so they had him come in a few days later to retest. He failed the retest.
Is it legal to force someone to take a polygraph test years after any accusation was made, against a different person completely, with no indication that my current husband did anything wrong? We are shocked and upset by the possible outcome of this situation.
I havent actually signed the court documents that say he has to take the test, it's just the recommendation of the custody evaluator. They have no idea that he failed the test.
My husband hasnt been able to see my child for months and he has been a father to her for many years. We need some hope. I am afraid that if we refuse to take the test, they will see that as a sign that he is guilty. Any advice would be greatly appreciated.