Questions RE: SD molested by SF

[Nikki74]

What is the name of your state? Missouri
My husband signed the motion to modify regarding his daughter's custody, visitation and support. He is asking for Sole Physical Custody and they would both have Joint Legal Custody. My husband is the Respondent. We have to file a Parenting Plan, which will be filed with the Court within thirty days of filing this Motion. Below are the "Changes of Circumstance"

a. The minor child strongly desires to live in Respondent’s home and to be placed in Respondent’s physical custody.
b. Respondent strongly desires to have the minor child live in his home and to be placed in his physical custody.
c. Respondent’s home is a fit and proper custodial environment for the minor child.
d. The minor child has made an allegation that she has been molested by her step-father, Petitioner’s husband.
e. Since the minor child made the allegation
regarding Petitioner’s husband, her relationship with Petitioner and Petitioner’s husband has dramatically deteriorated to the point that the minor child is uncomfortable in Petitioner’s home.
f. The minor child is now age fourteen and her wishes regarding where she lives should be given a greater weight than when she was younger.

The current visitation give my husband every other (EO) friday after school until sunday at 6 and the weekend of EO Holiday (Easter, 4th of July, Thanksgiving on even years, and Labor Day and Memorial Day on odd years), the switch Christmas and Christmas Eve and get either the two days before or after depending on which one they have, and 4 weeks in the summer.

My question is, since my SD has accused her SF of molesting her would it be reasonable to decrease the visitation as long as the SF resides in the home? Any ideas on what my husband should ask for? We want to seem reasonable but my SD doesn't want to be around him. Thanks.

 

[casa]

What is the name of your state? Missouri
My husband signed the motion to modify regarding his daughter's custody, visitation and support. He is asking for Sole Physical Custody and they would both have Joint Legal Custody. My husband is the Respondent. We have to file a Parenting Plan, which will be filed with the Court within thirty days of filing this Motion. Below are the "Changes of Circumstance"

a. The minor child strongly desires to live in Respondent’s home and to be placed in Respondent’s physical custody.
b. Respondent strongly desires to have the minor child live in his home and to be placed in his physical custody.
c. Respondent’s home is a fit and proper custodial environment for the minor child.
d. The minor child has made an allegation that she has been molested by her step-father, Petitioner’s husband.
e. Since the minor child made the allegation
regarding Petitioner’s husband, her relationship with Petitioner and Petitioner’s husband has dramatically deteriorated to the point that the minor child is uncomfortable in Petitioner’s home.
f. The minor child is now age fourteen and her wishes regarding where she lives should be given a greater weight than when she was younger.

The current visitation give my husband every other (EO) friday after school until sunday at 6 and the weekend of EO Holiday (Easter, 4th of July, Thanksgiving on even years, and Labor Day and Memorial Day on odd years), the switch Christmas and Christmas Eve and get either the two days before or after depending on which one they have, and 4 weeks in the summer.

My question is, since my SD has accused her SF of molesting her would it be reasonable to decrease the visitation as long as the SF resides in the home? Any ideas on what my husband should ask for? We want to seem reasonable but my SD doesn't want to be around him. Thanks.

What was the outcome of the allegations against the SF? I can't recall if they were able to be proven or not.

Is the child in counseling, and if so, what does the counselor say? A counselor's opinion would have weight with the court.

It's advisable to get a GAL to represent this child if you cannot afford an attorney to represent your husband.

 

[Nikki74]

They didn't have enough evidence to charge the SF.

She is in counseling and the counselor told BM 2 weeks ago that she should let her daughter live with her dad.

We do have an attorney.

We are just trying to get some ideas for when we meet with the attorney to discuss the new parenting plan. We just don't think SD should have to spend that much time there. They have been pretty mean this summer. They went on 3 small vacations to six flags, the landing (waterpark) and a float trip and didn't include my SD. She is pretty hurt. Last weekend at her moms they wouldn't let her stay all night with a friend because she wasn't home the weekend before (she was with her dad). She gets grounded for every little thing. Alot has changed around there since she accused her SF of this.

Thanks.

 

[casa]

They didn't have enough evidence to charge the SF.

She is in counseling and the counselor told BM 2 weeks ago that she should let her daughter live with her dad.

We do have an attorney.

We are just trying to get some ideas for when we meet with the attorney to discuss the new parenting plan. We just don't think SD should have to spend that much time there. They have been pretty mean this summer. They went on 3 small vacations to six flags, the landing (waterpark) and a float trip and didn't include my SD. She is pretty hurt. Last weekend at her moms they wouldn't let her stay all night with a friend because she wasn't home the weekend before (she was with her dad). She gets grounded for every little thing. Alot has changed around there since she accused her SF of this.

Thanks.

Your attorney will be able to advise you best then. I wasn't sure you had one or not.

I would definately ask that the b/f not be present for visitations if your husband wins custody. It may or may not be granted~ but I would certainly ask.