Dad is a jerk off literally

[KPOST]

My son walked in on his drunk father masturbating in the living room at 7:45 p.m. There was no expectation for my son to not enter the living room. His dad had his belt hanging on the chair and his jeans below his knees and was fondling himself with one hand and watching porn with the sound audible on hid phone with the other. My son 11 years old saw the porn on the phone, saw his dad mid stroke and heard the audio. He said a woman was being pounded by a moaning Italian man and my dad had his pants down with his belt over the chair, pants down below his knees and penis in hand. No question he saw.
My son called me and I called the police. The officer didn't seem like he was very informed in the law and said there is no criminal activity even after the officer said his dad was so drunk he couldn't answer the door and the officers had to pound on windows to get him to the door then he was so drunk he couldn't stand on his own.
He was wasted drunk in charge of an 11 year old Minor and masturbating, watching porn in the living room during normal (non sleeping) time with no expectation of privacy. I'm asking, Is there anything I can do? Can I press charges?

 

[Ohiogal]

My son walked in on his drunk father masturbating in the living room at 7:45 p.m. There was no expectation for my son to not enter the living room. His dad had his belt hanging on the chair and his jeans below his knees and was fondling himself with one hand and watching porn with the sound audible on hid phone with the other. My son 11 years old saw the porn on the phone, saw his dad mid stroke and heard the audio. He said a woman was being pounded by a moaning Italian man and my dad had his pants down with his belt over the chair, pants down below his knees and penis in hand. No question he saw.
My son called me and I called the police. The officer didn't seem like he was very informed in the law and said there is no criminal activity even after the officer said his dad was so drunk he couldn't answer the door and the officers had to pound on windows to get him to the door then he was so drunk he couldn't stand on his own.
He was wasted drunk in charge of an 11 year old Minor and masturbating, watching porn in the living room during normal (non sleeping) time with no expectation of privacy. I'm asking, Is there anything I can do? Can I press charges?

What crime do you believe he committed? Why didn't your son walk out of the room?

 

[Zigner]

What US state?

 

[LdiJ]

My son walked in on his drunk father masturbating in the living room at 7:45 p.m. There was no expectation for my son to not enter the living room. His dad had his belt hanging on the chair and his jeans below his knees and was fondling himself with one hand and watching porn with the sound audible on hid phone with the other. My son 11 years old saw the porn on the phone, saw his dad mid stroke and heard the audio. He said a woman was being pounded by a moaning Italian man and my dad had his pants down with his belt over the chair, pants down below his knees and penis in hand. No question he saw.
My son called me and I called the police. The officer didn't seem like he was very informed in the law and said there is no criminal activity even after the officer said his dad was so drunk he couldn't answer the door and the officers had to pound on windows to get him to the door then he was so drunk he couldn't stand on his own.
He was wasted drunk in charge of an 11 year old Minor and masturbating, watching porn in the living room during normal (non sleeping) time with no expectation of privacy. I'm asking, Is there anything I can do? Can I press charges?

You might get CPS involved...or file for a modification of visitation for dad's visitation to be supervised by someone in his family. The real problem with either of those ideas is that your son will have to talk about what happened to strangers, and basically tell on his father. That is a hard position to put children into sometimes.

 

[KPOST]

I live in Michigan.

 

[quincy]

Did you tell your son that masturbation is normal?

I see no crime - just poor judgment by your drunk husband in his choice of location.

 

[Zigner]

Did you tell your son that masturbation is normal?

I see no crime - just poor judgment by your drunk husband in his choice of location.

http://www.legislature.mi.gov/(S(w0i2mq0andqbgzea3mtwslim))/mileg.aspx?page=getObject&objectName=mcl-750-335a

 

[KPOST]

Thank you Ldij. We did get CPS involved but because the officer didn't know the laws and I'm assuming doesn't know what child endangerment is, he mishandled the report and after 3 months we are still unable to obtain the report and have been told to try filing the FOYA request again in 30 days. This is the 3rd reply in kind to the FOYA request in 3 months.

 

[KPOST]

Did you tell your son that masturbation is normal?

I see no crime - just poor judgment by your drunk husband in his choice of location.

IT"S NOT NORMAL IN THE LIVING ROOM AT 1945 in the evening. Have you slipped your wig!?!

 

[quincy]

http://www.legislature.mi.gov/(S(w0i2mq0andqbgzea3mtwslim))/mileg.aspx?page=getObject&objectName=mcl-750-335a

I strongly doubt a father who exposes himself to his son would be prosecuted.

Are you divorced, KPOST?

 

[KPOST]

I strongly doubt a father who exposes himself to his son would be prosecuted.

Are you divorced, KPOST?

I am divorced and remarried. I'm not someone out looking to do his dad in. I just want my son to be safe and the repeated drunken (until passing out) nights with his kid and the other stupid things he does have got to come to a stop before my son is really damaged by his dad.
I'm looking for the free LEGAL advise that this forum touts. Not really interested in opinions.

 

[cbg]

IT"S NOT NORMAL IN THE LIVING ROOM AT 1945 in the evening. Have you slipped your wig!?!

It's not a crime, either.

 

[Zigner]

Thank you Ldij. We did get CPS involved but because the officer didn't know the laws and I'm assuming doesn't know what child endangerment is, he mishandled the report and after 3 months we are still unable to obtain the report and have been told to try filing the FOYA request again in 30 days. This is the 3rd reply in kind to the FOYA request in 3 months.

What makes you believe that there was any child endangerment?
What makes you believe that you are entitled to see the report?

 

[Shadowbunny]

I am divorced and remarried. I'm not someone out looking to do his dad in. I just want my son to be safe and the repeated drunken (until passing out) nights with his kid and the other stupid things he does have got to come to a stop before my son is really damaged by his dad.
I'm looking for the free LEGAL advise that this forum touts. Not really interested in opinions.

Getting snippy with the fine folks who volunteer their time and expertise here is NOT the way to get help.

 

[Ohiogal]

I am divorced and remarried. I'm not someone out looking to do his dad in. I just want my son to be safe and the repeated drunken (until passing out) nights with his kid and the other stupid things he does have got to come to a stop before my son is really damaged by his dad.
I'm looking for the free LEGAL advise that this forum touts. Not really interested in opinions.

Legally this is not a crime that he committed. It is also not child endangerment.