seekinghelpny
Member
What is the name of your state (only U.S. law)? NY
I have a son and my wife has custody of her daughter from previous marriage. My wife's ex-husband has been trying to get custody of his daughter since their divorce. Several years ago while on vacation in California we got back very late to the hotel room and my son age 12 and step-daughter age 14 feel asleep in the same single bed while they were watching TV. In the morning my step-daughter woke up to say she found my son's hand on her butt. My son was still sleeping. I woke him up and he didn't know what I was talking about. Given the bitter relationship between my wife and her ex-husband I called the police to do a report. The police came, interviewed all parties and determined their was no criminal activity. My wife's ex-husband was satisfied that I called the police on my own son. Two years after that event my niece and my son were playing around in the yard and my niece said my son put his hand down her pants. After talking to both children it was determined that thier was a mutual agreement between them to touch each other but my brother said it was all my son's fault. My brother called police on my son. To avoid a lenghty trial where both kids had to testify we had my son accept full responsibility since he was older. He went to court-mandated therapy and was on probation for 1 year. I beleived his record were sealed. Now several years later my wife's husband somehow found out about my son's sealed record for touching my niece and is seeking custody of my step-daugther because he says there is a pattern of behavior from my son. There was only the one incident between my son and step-daughter that was investigated by police and was unfounded. Can my wife's ex-husband use this sealed record as grounds to get custody of his daughter?
I have a son and my wife has custody of her daughter from previous marriage. My wife's ex-husband has been trying to get custody of his daughter since their divorce. Several years ago while on vacation in California we got back very late to the hotel room and my son age 12 and step-daughter age 14 feel asleep in the same single bed while they were watching TV. In the morning my step-daughter woke up to say she found my son's hand on her butt. My son was still sleeping. I woke him up and he didn't know what I was talking about. Given the bitter relationship between my wife and her ex-husband I called the police to do a report. The police came, interviewed all parties and determined their was no criminal activity. My wife's ex-husband was satisfied that I called the police on my own son. Two years after that event my niece and my son were playing around in the yard and my niece said my son put his hand down her pants. After talking to both children it was determined that thier was a mutual agreement between them to touch each other but my brother said it was all my son's fault. My brother called police on my son. To avoid a lenghty trial where both kids had to testify we had my son accept full responsibility since he was older. He went to court-mandated therapy and was on probation for 1 year. I beleived his record were sealed. Now several years later my wife's husband somehow found out about my son's sealed record for touching my niece and is seeking custody of my step-daugther because he says there is a pattern of behavior from my son. There was only the one incident between my son and step-daughter that was investigated by police and was unfounded. Can my wife's ex-husband use this sealed record as grounds to get custody of his daughter?
