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Can I keep my daughter if I feel she is not safe in her father's care?

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thepirategoddes

Junior Member
What is the name of your state (only U.S. law)? Oklahoma, Tulsa county

Do I have a right to keep my daughter away from her father if I feel she is not safe in his care? In the divorce decree, I am the custodial parent and he is the non-custodial parent.

My 7 year old daughter confided in me that she saw her father, my ex-husband, perorming sex acts on himself multiple times. It took much inquiry before she finally told me why she has been so sad and out of character. I know that if I go to DHS, they will take her into custody until they know she is safe, but I do not want her to go through that. She is safe here at home with me.

The reason why we got divorced was because of his pornography addiction. I have been worried about our daughter's innocence being taken as a result of it. I am so upset because my daughter is such a sweet and caring girl.

I am the custodial parent. He is the non-custodial parent, however in the divorce decree I allowed him to have visitation ever weekend. He is in a 1 bedroom apartment and I do not want to let her go over there. Do i have a right to keep her if I feel she is not safe over at his house?
 


thepirategoddes

Junior Member
What is the name of your state (only U.S. law)? Oklahoma, Tulsa county

Do I have a right to keep my daughter away from her father if I feel she is not safe in his care? In the divorce decree, I am the custodial parent and he is the non-custodial parent.

My 7 year old daughter confided in me that she saw her father, my ex-husband, perorming sex acts on himself multiple times. It took much inquiry before she finally told me why she has been so sad and out of character. I know that if I go to DHS, they will take her into custody until they know she is safe, but I do not want her to go through that. She is safe here at home with me.

The reason why we got divorced was because of his pornography addiction. I have been worried about our daughter's innocence being taken as a result of it. I am so upset because my daughter is such a sweet and caring girl.

I am the custodial parent. He is the non-custodial parent, however in the divorce decree I allowed him to have visitation ever weekend. He is in a 1 bedroom apartment and I do not want to let her go over there. Do i have a right to keep her if I feel she is not safe over at his house?[/QUOTE]
 

futuredust

Senior Member
What is the name of your state (only U.S. law)? Oklahoma, Tulsa county

Do I have a right to keep my daughter away from her father if I feel she is not safe in his care? In the divorce decree, I am the custodial parent and he is the non-custodial parent.

My 7 year old daughter confided in me that she saw her father, my ex-husband, perorming sex acts on himself multiple times. It took much inquiry before she finally told me why she has been so sad and out of character. I know that if I go to DHS, they will take her into custody until they know she is safe, but I do not want her to go through that. She is safe here at home with me.

The reason why we got divorced was because of his pornography addiction. I have been worried about our daughter's innocence being taken as a result of it. I am so upset because my daughter is such a sweet and caring girl.

I am the custodial parent. He is the non-custodial parent, however in the divorce decree I allowed him to have visitation ever weekend. He is in a 1 bedroom apartment and I do not want to let her go over there. Do i have a right to keep her if I feel she is not safe over at his house?
Why would they take your child away from you?
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Oklahoma, Tulsa county

Do I have a right to keep my daughter away from her father if I feel she is not safe in his care? In the divorce decree, I am the custodial parent and he is the non-custodial parent.

My 7 year old daughter confided in me that she saw her father, my ex-husband, perorming sex acts on himself multiple times. It took much inquiry before she finally told me why she has been so sad and out of character. I know that if I go to DHS, they will take her into custody until they know she is safe, but I do not want her to go through that. She is safe here at home with me.

The reason why we got divorced was because of his pornography addiction. I have been worried about our daughter's innocence being taken as a result of it. I am so upset because my daughter is such a sweet and caring girl.

I am the custodial parent. He is the non-custodial parent, however in the divorce decree I allowed him to have visitation ever weekend. He is in a 1 bedroom apartment and I do not want to let her go over there. Do i have a right to keep her if I feel she is not safe over at his house?
You cannot just unilaterally decide to not obey the court orders for visitation. You need to take it to court (probably on an emergency basis) to get dad's visitation temporarily suspended while the situation is being investigated. It would probably be safe to deny a visit or two while you are rushing into court to handle matters.

You need to get your daughter into counseling to help her deal with the issues (and a counselor can testify in court) and probably you are going to need a GAL appointed for your daughter as well.

One thing that's going to be critical is whether dad did this out in the open where he had no expectation of privacy, or whether he did it where he though he had privacy and the child accidentally observed him.
 

Ohiogal

Queen Bee
What kind of sex acts was HE performing upon himself AND where? Was he sitting on the couch using a vibrator while your daughter watched spongebob. Or was he using said vibrator in HIS bedroom and your daughter opened the door without knocking?

But no you cannot just deny visitation. And CPS doesn't take children away from safe parents because of something the other parent did.
 
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cyjeff

Senior Member
And one more point...

You didn't ALLOW him to have visitation... the court ordered it.

I agree with Oggy... it depends on the circumstances... but if it was incidental contact, all of us with kids would, at some point, have lost their children if your fears were accurate.
 

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