Is this unreasonable?

[Cainlord]

The CP is wanting to relocate with our child to live with relatives to receive there assistance in raising the children she has.

My concern is that one of the relatives where our child would be living with was charged with gross sexual imposition of a minor, multiple counts I believe. The case was later dismissed (not sure what reason) but from what I have been reading online, that doesn't necessarily mean he was found innocent?

My questions are these:

1. Is it unreasonable to request that the CP not move our child in with this relative since I am no the NCP and the CP has primary physical custody?

2. If the CP does not agree to this, is this an issue that the courts would consider strongly as far as preventing our child from being allowed to live there even thoiugh the case was dismissed?

3. Can I as the NCP request a temporary change of custody based on the fact the CP is wanting to live with this individual?

 

[mistoffolees]

The CP is wanting to relocate with our child to live with relatives to receive there assistance in raising the children she has.

My concern is that one of the relatives where our child would be living with was charged with gross sexual imposition of a minor, multiple counts I believe. The case was later dismissed (not sure what reason) but from what I have been reading online, that doesn't necessarily mean he was found innocent?

My questions are these:

1. Is it unreasonable to request that the CP not move our child in with this relative since I am no the NCP and the CP has primary physical custody?

2. If the CP does not agree to this, is this an issue that the courts would consider strongly as far as preventing our child from being allowed to live there even thoiugh the case was dismissed?

3. Can I as the NCP request a temporary change of custody based on the fact the CP is wanting to live with this individual?

You are correct that a dismissal doesn't mean 'innocent'. It means 'not enough evidence to convict according to the legal standard required'. Or, sometimes it means 'the prosecutor dropped the case for some reason.'

You can request anything. The problem you're going to have is that you have to provide evidence to win what you're asking for. Is there hard evidence that would be admissible that this person is a danger to the child?

 

[PQN]

Even though the criminal case was dropped, did CPS make an indicated finding?

 

[Cainlord]

How would I go about determining that, would I just call up CPS with the case info and they would be allowed to let me know? I can find all the information via public records about the case, though, not sure what a lot of the various motions etc mean.

 

[mistoffolees]

How would I go about determining that, would I just call up CPS with the case info and they would be allowed to let me know? I can find all the information via public records about the case, though, not sure what a lot of the various motions etc mean.

You should really see an attorney.

 

[stealth2]

Unless it was your child, I don't think CPS is going to provide you anything. I agree with misto that you need to speak with an attorney.

 

[Cainlord]

got an attorney scheduled for this and other issues.

I contacted the CPS and they advised me they notify the authorities based on what they received for information. For specifics, I would need to request that in writing.

I guess what I am wondering is based on what I have stated and what is part of the public record, is this something that you attorney types would see as not unreasonable as far as a request goes of the CP from the NCP, and if the CP refuses, is this something that as attorneys you find as a valid reason to pursue further?

 

[mistoffolees]

got an attorney scheduled for this and other issues.

I contacted the CPS and they advised me they notify the authorities based on what they received for information. For specifics, I would need to request that in writing.

I guess what I am wondering is based on what I have stated and what is part of the public record, is this something that you attorney types would see as not unreasonable as far as a request goes of the CP from the NCP, and if the CP refuses, is this something that as attorneys you find as a valid reason to pursue further?

As I said - it will depend entirely on what evidence you are able to provide for the court to support the allegations.

 

[LdiJ]

As I said - it will depend entirely on what evidence you are able to provide for the court to support the allegations.

I agree...the case was dismissed therefore its quite possible that the party WAS innocent. Its just as possible that they were innocent as its possible that they were guilty. Sometimes charges are dismissed because they were truly bogus to start with.

Therefore you would have to have some hard evidence. Unfortunately, that hard evidence probably doesn't exist, or the case would not have been dismissed.

 

[Cainlord]

Thank you everyone for your advice.