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J

j car

Junior Member
What is the name of your state? wv
can a judge order you to get divorced to keep your kids in a custody case with abuse
 


Ohiogal

Ohiogal

Queen Bee
No but they can place your children in foster care and eventually terminate your parental rights if you refuse to leave an abusive person who is a threat to the children. Your choice -- divorce and leave the abuser OR lose your children. Those are the options.
 
J

j car

Junior Member
I agree with what you have stated. I should have been alittle more in depth about my case. My daughter has claimed sexual abuse from my now husband (her step-father). She claimed this while being with her Father in another state, after he told me he wanted to change the divorce decree. He also stated after I disagreed with him, that he assumes I want to do things the hard way; that is when we found out about sexual allegations. My daughter then came to a court hearing with her Father and she told the Judge that he made her lie and that my husband did not do anything. the case was then set to be dismissed. My husband has also taken polygraphs and passed them. a day before the hearing it was to be dismissed, CPS came and talked to my daughter that was now staying with my mother. My daughter reportedly told CPS new sexual allegations against my husband but never mentioned anything she orginial said. the Judge then said that I needed to seperate from my husband and that he could not be around our other two children. my daughter has since stated to my mother that she has been having nightmares about her Father telling her sex stuff, showing her two dolls bouncing on each other and he called it having sex, her seeing him at his computer touching he weiner, and laying in bed with him while he was naked. I now have just recieved a letter from my attorney stating that the Judge wants me to divorce my husband to be able to keep our other two children. My problem is, that I know my husband is not guilty of what was said, and that the Judge does not know what my daughter has been saying to my mother.

What should I do?
 
J

j car

Junior Member
She is, and at first she told the counsler the same as she did CPS, she has not had an appointment since she has changed the story again. She has another appt on the 28th. My mom has been keeping a journal of all events though.
 
M

mistoffolees

Senior Member
j car said:
I agree with what you have stated. I should have been alittle more in depth about my case. My daughter has claimed sexual abuse from my now husband (her step-father). She claimed this while being with her Father in another state, after he told me he wanted to change the divorce decree. He also stated after I disagreed with him, that he assumes I want to do things the hard way; that is when we found out about sexual allegations. My daughter then came to a court hearing with her Father and she told the Judge that he made her lie and that my husband did not do anything. the case was then set to be dismissed. My husband has also taken polygraphs and passed them. a day before the hearing it was to be dismissed, CPS came and talked to my daughter that was now staying with my mother. My daughter reportedly told CPS new sexual allegations against my husband but never mentioned anything she orginial said. the Judge then said that I needed to seperate from my husband and that he could not be around our other two children. my daughter has since stated to my mother that she has been having nightmares about her Father telling her sex stuff, showing her two dolls bouncing on each other and he called it having sex, her seeing him at his computer touching he weiner, and laying in bed with him while he was naked. I now have just recieved a letter from my attorney stating that the Judge wants me to divorce my husband to be able to keep our other two children. My problem is, that I know my husband is not guilty of what was said, and that the Judge does not know what my daughter has been saying to my mother.

What should I do?
Click to expand...
Don't mess with CPS or a judge.

Have you considered separating from your husband until all the allegations are investigated? I'd at least ask the judge if that is a satisfactory solution. It's clear that if you stay with him, you're going to lose the children. If you separate from him, you would still be able to see him when the kids are not around and you would buy time for the allegations to be fully investigated and either proven or the case closed. If you go this route, though, you have to be very careful to ensure that your husband never has contact with the kids in any way. It won't be easy.

Sometimes, false allegations stick. Sometimes, the allegations are not false at all. But until they're resolved, you have to choose your husband or your kids.
 
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