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allegations of sexual abuse were true

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2

2goodgirls

Guest
The allegations of sexual abuse by my husband were true, I found out alot more from my daughter, there was physical contact by him.

I left him the minute I found out, went to moms got a restraining order, had an order removing him from the house, and filed for a divorce all in the same day,

My x in FL now has the girls down there and will not drop the custody trial on July 16. My attorny told me that things have changed to the point that I probably will lose costody of them now.

I feel like my life has come crumbling down. There is a police investigation, and hopfully the grand jury will take it and they will prosecute him. I would love to see him in jail for what he has done to my family.

My 3 and 5 yr olds are scared because half of their family are suddenly gone, and they don't know why, their afraid I'm going to leave them also.

If he's in jail do you think a judge would let me move the kids to FL from OH to be near my girls. My brother lives there and is recently divorced, and would let me stay with him.
 


2

2goodgirls

Guest
He took them to FL for his scheduled summer visitation. And my attorny told me flat yesterday that he thought since things had this turn around that he would definatly get custody and that maybe it would be best. He said obviously she didn't trust you for three years enough to tell you what happened, but how many kids tell something like that when they are being threatened in some way.

I don't think my atty is thinking about what is best for my younger kids as well, they have lost half of their family and are scared, if they had their big sisters back I think they would feel safer.

I'm going to see another atty today, I think I'm going to switch because current one I don't think is going to do anything to try to stop a custody change. I think he will just sit back and let it happen.
 

MySonsMom

Senior Member
This is awful! I can't imagine what you are feeling. You not only have *almost* lost your children, but you lost your husband. Stay strong and fight as hard as you can for those kids...that's the best you can do.

God bless you.

MSM
 
2

2goodgirls

Guest
I'm not worried about losing my husband, someone like that doesn't deserve my worry or concern, he'll get what he deserves in jail, and you know what that is.

I'm heartbroken about the possibility of my kids being seperated and the girls in FL. If all the kids were together the rest I could handle.

A woman doesn't need a man for survival. I'll never have another one, I'm not saying that there arn't any good men, but how do you know which ones you can trust with your kids, I've learned that you cannot trust a man with your children.
 

MySonsMom

Senior Member
2goodgirls said:
I'm not worried about losing my husband, someone like that doesn't deserve my worry or concern, he'll get what he deserves in jail, and you know what that is.

I'm heartbroken about the possibility of my kids being seperated and the girls in FL. If all the kids were together the rest I could handle.

A woman doesn't need a man for survival. I'll never have another one, I'm not saying that there arn't any good men, but how do you know which ones you can trust with your kids, I've learned that you cannot trust a man with your children.
I understand that. But you did love that man, and there HAS to be some sort of loss there. I can totally understand your shyness of bringing any man near your children...I can't even imagine.

Bless you and your children.

MSM
 

LegalBeagle

Senior Member
You've lost me.. So the one charged with sexual abuse of the children is not the bio father of the children? It was your new husband?

You currently have a court order for custody in what state?

The bio father has filed his action in what state?

When did the children go see him?

I suggest you dump your current attorney immediately. There is no way he is going to fight for you with that attitude.
 
2

2goodgirls

Guest
The one charged with sexual abuse is the step-father

The court order for custody is in Ohio, the bio-father lives in FL and has filed for custody in Ohio, his family lives here as well, the girls have no relatives in FL just the bio-dad and this fiance. He's in the Navy and could move about alot.

The girls left on June 10 to go to FL for their visitation, the entire summer. But we had a court date here in OH for july 16, that I thought he would drop, now that the step-father is out of the picture.

I have an appoitment with another atty today at 4:00 to talk to him about new options. I hope he will take this more seriously.
 

LegalBeagle

Senior Member
Providing you can prove to the judge that the step father is gone and you have made every effort to help the police etc, then I do not see how you would lose custody. Ensure you have plans for counseling etc..

If you have an attorney who will fight for your children, then it would be an extreme judge would who change custody.
 
2

2goodgirls

Guest
Should I start out with making an appointment with a counselor for the girls before going to court?

Would a new attorny be able to continue the case long enough for me to go to FL and pick up the girls on Aug. 17 like I plan, because school starts Aug. 27?

Me and husb. started counseling 6 months ago before I knew any of this, I told my counselor and she is seeing only me now. and said that she thought there was something wrong, but couldn't put her finger on it. I see her weekly.

If I could get the girls home before a trial, they could see for themselves that there is no more danger here, definatly if I knew this long ago I would have left long ago, there is some things no one should tollerate and this is one of them, I hope they put him in jail.

Should the girls be able to talk to their GAL? They have one that knows about what is happening, and if they talk to her again maybe they will tell her what they want. I know that my oldest told her already that if I left him she would want to live with me, If she told her that again would that help my case.

I truly don't believe that the only safe place for them is in FL, I think they need the support and comfort of being around all of the relatives that they have depended on for the last 10 years here in Ohio.

I'll put into motion anything that I need to to keep my kids together, I'm not only looking out for their best interest but for the best interest of my 2 youngest that have lost half of their family and all of their security at this point. I can't even walk outside without them thinking that I'm leaving them also, they must be so scared.
 

LegalBeagle

Senior Member
Since you do not have the children, then no, you can not make an appointment for them with a counselor.

I am not sure it is wise to delay this case. Every day the father has the children is a small plus for him and a judge will see it will be easier for them to adjust due to the length of time. Also, I doubt very much he will be releasing the children back to you on the 17th of August.

If I were him, I would refuse to return them until the court case, I would enroll them in a local school and start setting up their lives in FL. You need to get this case in court asap. School can be a big factor in some custody cases and once they start at a school, it can have an impact on the case.

If the event that the case is delayed, you should ask for the their return on the court ordered visitation date. In the event that he refuses, file an ex-parte motion immediately for their return. This may be denied due to the nature of the case but I would try anything to get this sorted before school starts.

Your new attorney will advise on the GAL. Obviously the distance is a factor.

 
2

2goodgirls

Guest
since he has the girls on a summer visitation, and I have the custody order here, wouldn't he have to give them back to me no matter what. He has nothing that says he has custody or temporary custody, all he has is visitation. I have full cust.
If he refused wouldn't he be breaking the law and wouldn't I be able to get police help in making him let me take the girls back home.
Please give your advice these are also questions I will ask my new atty. But I do respect your advice, and want your opinion, so I know where to base my questions.
 

LegalBeagle

Senior Member
2goodgirls said:
since he has the girls on a summer visitation, and I have the custody order here, wouldn't he have to give them back to me no matter what. He has nothing that says he has custody or temporary custody, all he has is visitation. I have full cust.
If he refused wouldn't he be breaking the law and wouldn't I be able to get police help in making him let me take the girls back home.
Please give your advice these are also questions I will ask my new atty. But I do respect your advice, and want your opinion, so I know where to base my questions.
Technically yes he will be breaking the court order. But, a judge could see that the nature of the case warrents protection from you or the step father and therefore the bio father is acting in the best interest of the children.

If he refused to hand over the children, there is not much you can do as the state police rarely get involved in these types of civil cases. Therefore, if your case has not yet been heard, you would need to file an Ex-Parte (Emergency) Motion asking the courts to immediately order him to return the children... BUT, again, with the nature of the case, a judge *could* refuse this request.

Then, the FL police could still ignore the OH order which would mean filing the order into the FL courts for enforcement.

Him keeping the children, in this case, may not actually harm him as he will present to the judge that he was acting in the best interests of the children in order to keep them safe.












 
2

2goodgirls

Guest
Thank you, I don't have a computer at home any more he took it, I have to go, but I'll let you know what the new atty says later this evening.
 
2

2goodgirls

Guest
Went to see the new lawyer, and he is going to go over everything with a couple of the atty's in the practice, and he thinks that there should be no reason why I shouldn't be able to keep custody, especially with all the things I have done already.

Leaving right away when I found out.

Making a report with the detective.

Talking to GAL.

Talking to Childrens service.

I made an appointment with counselor, pending their return.

Got the restraining order immediatly.

Got him put out of the home immediatly.

I even painted the entire inside of the house so when they get home it won't look like it did when he lived here and they won't have to think he is going to walk in.

I steam cleaned all the carpets and threw away all the sheets from the beds.

And if all goes well he will be sitting in jail, and there he won't be able to hurt anyone.

So the judge has got to know that I am doing everything and anything I can do to make sure that they are safe.
 

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