Lostridgegirl said:
It has been a long frustrating year. Unfortunately since I don't know a lot about law I had to depend on what the DA would tell me. After he was arrested and a no contact bond order written he didn't have any contact with my daughter for months. Then he was allowed to see her through supervised visits with her counselor and then through a monitoring center 1X a week. The DA kept hoping he would plea bargain but he didn't and as it got closer to the court date the DA was afraid the jury might let him off and he didn't want to risk that for my daughter. He said it was a weak case, "there was no penetration" even though his touching her and "massaging" her over her "privates" was enough to make me want to kill him with my bare hands. I haven't understood how he seems to have more rights and protection than my daughter. He is a major control freak and the king of manipulation. The crap he feeds her during the supervised visits is enough to make me puke but of course I have to bite my tongue so it doesn't look like I'm "coaching" her. The whole school issue is just a control thing. My daughter met with the GAL today to tell her all the reasons she wants to go to the school in my district; her younger sister will start there this year and all the neighbor kids go there. Can she make her recommendation that she attends my district school and file a motion to have it changed or does it have to come from me or my attorney? Or can I just assume that because my daughter resides 100% with me right now she attends the school district to which she is living, which is my district? He can't even send her a letter in the mail and yet he can choose where she goes to school? He pays nothing in child support and yet he gets the final say in where she goes to school?
Dropping the criminal case all together can have the same effect as a not guilty verdict. The two cases should have NEVER been tied together. Dad could now go to the family court and petition to reinstate the original order due to the fact that the charges against him have been dropped. Even if the DA needed to lower the charges for a better chance of conviction, it would be better than just dropping the charges all together.
The burden of proof is also different in family court then in criminal court. A criminal court would need to find him guilty beyond reasonable doubt, civil court can determine guilt based on a preponderance of the evidence.
You will need to have the court order modified before you can LEGALLY change schools. Like I said, I wouldn't allow him near MY child regardless of what anyone else has to say about the matter. But if he is allowed supervised visitation via court order, you have to allow it or you will be in violation of the order.
What has been done through the FAMILY court? Have you asked for NO visitation until he seeks professional help to figure out why he feels sexually attracted to his own young daughter? He needs to fix HIS problems before he should be allowed to work on his relationship with the child.
