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step-sibling molestation .... change in custody??

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denetia

Guest
Hi.

My daughter Ashley (age 9) has lived with her father and step-mother for 7 years. We have joint legal and physical custody of her. She has been being MOLESTED by her step-brother (age 12). He's formally charged in juvenile court with 'Sexual Battery'. We're slowly finding out it's been going on for quite a while.
I wouldn't take my daughter home after I found out about this, and I called the police. After a $4,000 lawyer, and a brief Temp. Protection Order.. later denied and I had to give my daughter back to my ex at a Burger King per JUDGE FRANK COX - his reasons 1- The boy was put at his maternal grandparents, 2-my lawyer tried to put my ex-husband down as the defendant we saught protection from and 3-why were we in magistrate court? I don't understand.
The kid can't stay gone forever, but I'm afraid I'll lose again. Needless to say, I fired that lawyer, but I have you.. whoever you guys are...I'm new here.
Anyway,
I live in Georgia...I've gotten nowhere with any of the state agencies. I'm broke, and I've been a wonderful mother. My ex husband's wife and I have always worked things out...until now.
SO! If anyone can reply to these questions, I'd be ever so gracious...
1?) What are the chances that a court will order my daughter to come live with me? Will the court try to reunify my daughter with her molester/brother? My worst fear.
2?) Also, my ex-husbands's lawyer's kids..... babysit the judge's kids... is that grounds to switch judges or counties?
3?) What if I drop my case in Cherokee.. can I open a new one in the county we live in? should I ?
Help. thanks




[Edited by denetia on 03-07-2001 at 06:08 AM]
 


LegalBeagle

Senior Member
denetia said:
Hi.

My daughter Ashley (age 9) has lived with her father and step-mother for 7 years. We have joint legal and physical custody of her. She has been being MOLESTED by her step-brother (age 12). He's formally charged in juvenile court with 'Sexual Battery'. We're slowly finding out it's been going on for quite a while.
I wouldn't take my daughter home after I found out about this, and I called the police. After a $4,000 lawyer, and a brief Temp. Protection Order.. later denied and I had to give my daughter back to my ex at a Burger King per JUDGE FRANK COX - his reasons 1- The boy was put at his maternal grandparents, 2-my lawyer tried to put my ex-husband down as the defendant we saught protection from and 3-why were we in magistrate court? I don't understand.
The kid can't stay gone forever, but I'm afraid I'll lose again. Needless to say, I fired that lawyer, but I have you.. whoever you guys are...I'm new here.
Anyway,
I live in Georgia...I've gotten nowhere with any of the state agencies. I'm broke, and I've been a wonderful mother. My ex husband's wife and I have always worked things out...until now.
SO! If anyone can reply to these questions, I'd be ever so gracious...
1?) What are the chances that a court will order my daughter to come live with me? Will the court try to reunify my daughter with her molester/brother? My worst fear.
2?) Also, my ex-husbands's lawyer's kids..... babysit the judge's kids... is that grounds to switch judges or counties?
3?) What if I drop my case in Cherokee.. can I open a new one in the county we live in? should I ?
Help. thanks

[Edited by denetia on 03-07-2001 at 06:08 AM]
What a judge will look at in this case is what the father did about the issue. Did he ignore it, or did he act and 'save' his child ? If he acted immediately then he will be seen as a good parent. There NEEDS to be some protection order against the boy. If you ever get proof that the boy has been allowed near your child, you can act.. but other than that, I am not sure you have grounds from a change in custody unless the father and step mother neglected the situation.

Why did you lose it in the first place ?

Are CPS involved ? What happend with the case ?

You can not open the case in another county without the judges permission.





 

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