I found out that my ex husband molested his little sister when he was a minor and went to jail for it. As a caring mother, this scares the hell out of me! At first it was ok cause he dint call or try to see her but now he is planing on taking me to court for my daughters custody and i was wondering if i could use that or if they would dismiss it cause he was a minor when it happened. On top of it he is very prone to violence. i don't trust him at all with my daughter and he refused visitation rights
2007-10-17 06:17:19 · 42 answers · asked by Phanie 2 in Politics & Government ➔ Law & Ethics
Bring this up with your divorce lawyer. it's very difficult for a judge to order no contact between your daughter and her father. but. if you can show he has a history of sex offenses, then the courts may grant supervised visitation. Chances are he won't get custodial custody. and unless you have skeletons in your closet, he won't get full custody.
keep in mind to that the laws governing sex offenders keep changing. if he committed an offense against a minor girl when he was a child and let's say that was a long time ago, he probably isn't labeled a "sex offender" and the court may not allow that information to be presented during a hearing. Again, have this discussion with your lawyer. They see things like this everyday and know how to speak to the judges about them.
Oh. And if your daughter spends time with her dad, make sure she has a cell phone so that she may call you in case of an emergency.
2007-10-17 06:25:51 · answer #1 · answered by Dr W 7 · 1⤊ 0⤋
Records of minors are sealed and so cannot be used as evidence in other cases. Definitely definitely talk to your lawyer. In terms of custody, it's very uncommon for the father to get custody of children in general unless the mother is unfit (drug use, abusive history, etc). You need to document every violent action taken by the exhusband -- call the police and follow through with your complaints on any and every threat or violent action. If possible, get a restraining order to keep him from you and your child (this can be done if he's threatened or hurt you) Without proof, there is nothing the police can do and little you can offer in court. If he has refused visitation it will be hard for him to fight for custody (unless you have some other issues that would work in his favor to take the child from you). I recommend very much that you talk to an attorney, talk to child protective services and find out all of your rights BEFORE you go into court. If you don't have an attorney or can't afford one, child protective services can help you find the help you need, or call legal aid.
2007-10-17 06:33:16 · answer #2 · answered by abiona 3 · 0⤊ 0⤋
Most likely not since the juvenille record will be sealed.
This is a question you need to ask your own attorney who can review the court records and file any motions necessary to bring the past bad acts in during the hearing.
ADDED BASED ON OTHER POSTS:
Please be very careful in giving advice. Not only is it unclear whether the child's father was found guilty of anything resembling molestation (that will be in the court records), it is also not a foregone conclusion that the previous record is relevant and as such, admissible.
And to those who advised taking 'witnesses' with her to court, that is up to the discretion of the court to either allow or disallow third-party testimony.
The issues are NOT as black and white as you lead the poster to believe. To this point, she doesn't even know for a fact that anything has happened. SO to predicate your advice on an assumption is a total lack of responsibility.
TO THE POSTER:
Yes, I AM a family law attorney. And I would advise you in my office the same as I did here. Whether or not previous bad acts can be admitted depends on the nature of the act itself, it's relevance to the current issues and if it in fact happened the way you 'heard' it.
And even then, a child's father is not automatically denied their constitutional rights although there may be some limits placed on the offending parent.
As I said at the beginning. You MUST ask your own attorney to review the previous record for relevance and admissibility. THAT is the only advise a responsible party can give you.
2007-10-17 06:30:50 · answer #3 · answered by hexeliebe 6 · 0⤊ 0⤋
In addition to getting a lawyer, I also agree you may not be able to use the juvenile records BUT it may warrant enough to have him evaluated for sexual tendencies. If there was anything "out of the norm" that he wanted from you sexually, your attorney needs to know that also, i.e. "dressing up.
He may have just been curious as a child but I would be very worried too and you can't take a chance that that was all there was to it!!
I think the violence alone will be enough to keep him from getting custody but I would definitely pursue anything that bothers you about his lifestyle.
***If you suspect that he may have already been inappropriate with her, DO NOT approach your daughter and ask any questions about good or bad touching. Defense attorneys can really put a spin on that to look like you put something in her head. This could blow your whole case and come back to haunt you in the future if he actually does try something. They have counselors that are specially trained to speak with children about this subject without making it look like something was put into her head.
Good Luck and I'll be praying for you!
2007-10-17 06:42:59 · answer #4 · answered by Georgia Peach 4 · 0⤊ 0⤋
As someone that has gone for custody battles (my nephew) I know that anything that is on a criminal record is brought up in court. In my opinion, jail does not cure child molesters, rapists or any other type of crime that has to deal with sex. If you record is clean you should have no problem at all getting full custody of your kids. If in fact he gets some kind of visitation, make sure you stress the fact that someone should be there with them. NEVER LET THEM BE ALONE. I'll keep this situation in my thoughts and I really hope everything goes well for you!
2007-10-17 06:22:02 · answer #5 · answered by Kelsey S 2 · 2⤊ 0⤋
These are questions that you need to ask a Lawyer.
A judge will go over all the information that is presented before him/her, and will then decide if your ex will get visitation (monitored or not),or custody.
I would start gathering as many FACTS as possible against my ex.
Police reports, past records, proof from people who witnessed or were victims of his violence and abuse...
All of this should be presented to the Judge overseeing your case.
This all may be him barking out threats, in an attempt to maintain control.
Gather your facts, and get ready to fight him with the truth.
Good luck with everything.
2007-10-17 06:29:01 · answer #6 · answered by cameranhand 3 · 0⤊ 0⤋
I wouldnt worry too much sweetheart. You can bring that up in court but to me and a lot of good people out there, although its hard on us men when these things happen, but the best place for a little girl is with her mum, infact even if it was a little boy.
There are a hell of a lot of fantastic dads out there that would look afte his kids no matter what happens in the marrage.
I really think he is wasting his time and money, u will win full custody at his expense, hell mend him if he is a violent husband and father.
Good luck sweetheart
Jimmy from Essex England
2007-10-17 06:28:21 · answer #7 · answered by DIAMOND_GEEZER_56 4 · 1⤊ 1⤋
Tough call, but I honestly doubt he'd have much of a case. The courts favor the mother anyway. Keep a log of any scary or violent things he does or says - quotes, dates, witness, etc. - to present to the judge. Just showing he has a criminal history, without going into details, will greatly strengthen your case. Judges know no decent parent ever refuses visitation rights.
I would certainly retain an attorney RIGHT NOW.
2007-10-17 06:21:25 · answer #8 · answered by Anonymous · 2⤊ 0⤋
I'm no lawyer but, unfortunately for you, I doubt his crime committed as a minor would be admissable in a custody case. The records have probably been destroyed or sealed.
Mention it to your lawyer anyway, though; maybe since this is a welfare-of-the-child case, different rules about that sort of thing might apply.
But it sounds like you have other grounds for fighting him in court anyway, such as the violence. If you haven't already done so, try to get the best divorce lawyer you can.
..
2007-10-17 06:22:16 · answer #9 · answered by Anonymous · 1⤊ 3⤋
I hope you have a good lawyer.What a disgusting pig.Tell your lawyer everything and pray he doesn't get any custody.I think the courts will stop it as to what he has done.They will not want him around the young girl unlesss supervised.Make sure you bring all that up in court.Even go back and try to find some paperwork on it.
2007-10-17 06:21:46 · answer #10 · answered by kittykitty 2 · 1⤊ 0⤋