Dad is a jerk off literally

[KPOST]

It's not a crime, either.

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

 

[KPOST]

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

Please hear me. I'm not getting snippy. I have heard all kinds of opinions and I'm just plain tired of them. I really need LEGAL advise. That is all I was trying to relay. I am truly sorry if it came off as anything other than that.

 

[cbg]

Still looking for what part of that law you think was violated. He was not in a public place; he did not knowingly expose to others.

Bad judgement? Certainly. No question about it. Poorest judgement ever.

Criminal? Still not seeing it.

 

[Zigner]

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

As was stated above, I doubt there would be any prosecution of this.

 

[quincy]

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.

I would not be concerned about the masturbation. I hope you explained to your son that masturbation is not a bad thing - but it should be a private thing.

I would be more concerned with the alcohol consumption.

A dad or a mom who is seen by their child either naked or having sex or masturbating has not committed a crime.

 

[Ohiogal]

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.

Who has custody? You or him? If you, then calling CPS does you no good. Why don't YOU know the laws of what you should do in this type of situation? When you were a kid did you ever walk in your parents having sex?

 

[Zigner]

He was not in a public place; he did not knowingly expose to others.

Bad judgement? Certainly. No question about it. Poorest judgement ever.

Criminal? Still not seeing it.

According to the law, being in a public place is not an element of the crime, nor is knowledge of having exposed oneself to others.

So, a crime "may" have been committed, but the chances of prosecution are EXTREMELY slight. I agree that this is NOT the same thing as what the indecent exposure law is intended to prevent.

 

[KPOST]

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

FOYA says I have the right to the report. I think this says there may have been a misdemeanor at minimum. http://www.legislature.mi.gov/(S(w0i2mq0andqbgzea3mtwslim))/mileg.aspx?page=getObject&objectName=mcl-750-335a

 

[Ohiogal]

FOYA says I have the right to the report. I think this says there may have been a misdemeanor at minimum. http://www.legislature.mi.gov/(S(w0i2mq0andqbgzea3mtwslim))/mileg.aspx?page=getObject&objectName=mcl-750-335a

FOYA? Or FOIA? And again, HE DID NOT KNOWINGLY do that. It is NOT a crime.

 

[Zigner]

FOYA says I have the right to the report. I think this says there may have been a misdemeanor at minimum. http://www.legislature.mi.gov/(S(w0i2mq0andqbgzea3mtwslim))/mileg.aspx?page=getObject&objectName=mcl-750-335a

You don't have to keep posting the link. Whether or not you believe a crime has been committed is largely irrelevant.

What about FOYA (what is that?) makes you believe that you have the right to obtain a copy of the confidential report?

 

[Ohiogal]

According to the law, being in a public place is not an element of the crime, nor is knowledge of having exposed oneself to others.

So, a crime "may" have been committed, but the chances of prosecution are EXTREMELY slight. I agree that this is NOT the same thing as what the indecent exposure law is intended to prevent.

The law does require KNOWINGLY: person shall not knowingly make any open or indecent exposure of his or her person or of the person of another.

Hence a crime was NOT committed.

 

[KPOST]

Who has custody? You or him? If you, then calling CPS does you no good. Why don't YOU know the laws of what you should do in this type of situation? When you were a kid did you ever walk in your parents having sex?

We have 50% legal and physical custody of my son.

 

[Ohiogal]

You don't have to keep posting the link. Whether or not you believe a crime has been committed is largely irrelevant.

What about FOYA (what is that?) makes you believe that you have the right to obtain a copy of the confidential report?

I think she means FOIA -- freedom of information act. But some things are exempt.

 

[Ohiogal]

We have 50% legal and physical custody of my son.

Then why haven't you gone to court regarding this and done the APPROPRIATE thing by getting orders prohibiting anyone from consuming alcohol while the child is in custody.
Again, the masturbation thing is a non starter. But seriously, you are handling this inappropriately.

 

[quincy]

Freedom of Information does not extend to confidential reports.