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Child Molestation and Custody

Discussion in 'Child Custody & Visitation' started by MyWoo, Aug 14, 2019.

  1. MyWoo

    MyWoo Law Topic Starter New Member

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    Hello,

    I am reaching out for help on the behalf of my wife and her younger children and I want to get an opinion on something because we have 2 lawyers giving us conflicting advice.

    We have had custody of my wife's younger children for the summer. A couple of weeks ago we were supposed to bring them back on a Sunday to their father for the school year (he has primary custody). However, the Wednesday before we were to bring them back, we were told by my wifes 14 year old daughter that when she was younger, her uncle (dad's brother) would babysit her and her brother. While he would watch them, he would close all of the doors in the house, and touch her in inappropriate places and she believes that he did more than just touch. Upon finding this out, my wife and I immediately went to the police department where we live to file a police report, as well as call the police department where she lived at the time (which is on a native american reservation). We also filed in both locations restraining orders against their uncle and their abusive father.

    The judge did deny our plea for a temporary restraining order, but did set a date for a hearing on them. The police department on the reservation has literally done nothing with the case that was opened. They haven't even filed the report yet. We also have been in contact with the Child Protective Services on the reservation, but they too have done little. They promise a call back to us, but never follow up. It is getting to the point that due to the negligence of the reservations authorities, that my wife and I are considering opening a case through the FBI.

    However, the advice that I am looking for is that in retaliation for the protection order and police cases, the father of the kids applied for his own protection order referencing some old text messages from my wife to her daughter. These texts were taken out of context, but the dad is claiming that we are coaching the kids what to say so that we could keep them. He does not believe that his daughter is saying these things, and he does not believe that his brother did anything wrong. Anyways, for some crazy reason, the judge approved a temporary protection order on his behalf, and now he and his counsel are threatening my wife with jail time if the kids are not returned. How are we supposed to return the kids in an environment when all they are going to get is yelled at and probably physically abused because of the accusations that were made toward the uncle? One lawyer we are working with is saying to absolutely do not take them back and the other is saying to absolutely take them back. Our court date is on the 20th of this month (Tuesday) for the actual hearing. I would love to know what you guys think on this situation.
     
  2. Zigner

    Zigner Well-Known Member

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    I'm confused - were YOU given some sort of custody in the orders? I doubt it...but stranger things have happened.

    Your wife should follow her court orders. Having said that, your wife needs to decide if the risk of withholding the children (losing what custody/visitation she has) outweighs the benefit.
     
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  3. MyWoo

    MyWoo Law Topic Starter New Member

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    I am sorry Zigner if I said that I was given some sort of custody. I was not. My wife has no documentation indicating that she has custody, and his retaliation protection order was approved.

    As I said, how are we supposed to return the kids in an environment when all they are going to get is yelled at and probably physically abused because of the accusations that were made toward the uncle? He obviously does not believe his own daughter.
     
  4. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Your wife should return the kids because there is a court order that says she is supposed to.
     
  5. army judge

    army judge Super Moderator

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    Each day you delay in reporting the ALLEGATIONS to the FBI is another day JUSTICE is being DELAYED and DENIED.

    Nothing new here, whenever TIT for TAT is played, one should always expect THIS or THAT in return.


    The opinion of Larry often differs from the opinion of Mary, nothing unusual here.

    Bottom line, this is what courts do, resolve disputes.

    You wanted your day in court, it appears you will get DAYS in court.

    The wheels of our justice system roll slowly, so sit back and await resolution.



    Regardless of whatever NEW crimes are alleged, your wife is VIOLATING the existing court order.

    Your spouse's solution to the ALLEGATIONS and purportedly spontaneous utterances of the 14 year old don't give her cover to VIOLATE the EXISTING court order.


    There is no we, mate, there is only a she (your spouse, as she is the mother of the children, you are nothing more than a LEGAL stranger).

    The above stated, the SHE is required to OBEY the court order, or risk consequences.


    I offer no prognostications regarding any hearing before any court across this great nation.

    The only thing anyone can say with certainty about any court hearing is that one party will prevail, and the opposing party dissatisfied with the result can appeal.
     
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  6. leslie82

    leslie82 Well-Known Member

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    Your wife needs to get a lawyer if she doesn't like the one she has retained. YOU are legally a stranger in this and YOU can't do anything. Sorry.

    Until the custody order is modified, yes she has to bring the kids back to him. The judge didn't grant you a temporary protection order but did grant the father one - so you really don't have a case right now.

    The lawyer has no say in the court order. If you or your wife choose to follow that advice that's on you.

    It sucks but it's up to your wife and unfortunately sounds like she has to take them back. Or he can file for contempt. Will she go to jail? No one can know. Usually not on a first contempt hearing.

    No one here can tell you what to do or not to do but legally she is supposed to take them back.
     
  7. leslie82

    leslie82 Well-Known Member

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    You don't know for a fact that it's true either. Yes I would believe my daughter if she ever told me she was abused but if there isn't evidence and it was years after the fact, there's not much that can be done after the fact.

    You can't guarantee what will or won't happen if they go back. It's a crappy situation all around but legally your wife doesn't have custody she apparently has a visitation plan and her visitation time is up.
     

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