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Son accused of sexual abuse/visitation issue

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Latest post Mon, Oct 21 2013 10:26 AM by DPH. 5 replies.
  • Mon, Oct 21 2013 7:06 AM

    • Maybride
      Consumer
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    • Joined on Fri, Sep 21 2001
    • PA
    • Posts 52

    Son accused of sexual abuse/visitation issue

    My 16 yr old son was at his fathers over the summer when he given beer and alowed to get drunk. While drunk he is accused of touching his step mom's adopted daughter (12 yrs old). Son is currently being investagated by CYS. My question is custody order states son see's father for Christmas break and 4 weeks in summer (next year) If son is found guilty what happens with the Christmas/summer vistitation? He won't be able to stay at his dad's since the little girl lives there. We live 9 hours away now, at the time we only lived 10 minutes away, before anyone says anything yes I have permission from the CYS worker and the detective to move son out of state and the fathers permission.

  • Mon, Oct 21 2013 7:21 AM In reply to

    • Drew
      Consumer
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    • Joined on Thu, Mar 30 2000
    • PA
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    Re: Son accused of sexual abuse/visitation issue

    Dad is entitled to visitations, Dad is likely required to make sure whatever physical distance  separations required  RE step daughter are safely in place, at his expense.

    No, absent an order to the contrary, you cannot deny Dad his rights.



  • Mon, Oct 21 2013 8:45 AM In reply to

    • Maybride
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    • PA
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    Re: Son accused of sexual abuse/visitation issue

    I'm not trying to deny dad his right to visitation. I just wanted to know what happens if he is found guilty and what dad has to do if that is the case. I know dad won't do anything, he is still telling son that there is no investigation going on that everyone is lying to son. What do I tell my son to do if he is found guilty and he goes to his dads for visitation and the girl is there? Son obviously can't go in the house if she is there.

  • Mon, Oct 21 2013 8:48 AM In reply to

    Re: Son accused of sexual abuse/visitation issue

    When did the father give you permission to move out of state ( that is the only person relevant as CYS or a detective has no authority to advise you as to violating the law or a custody order in reference to moving the child out of state).  You will need to file to Modify the Custody Order.  Not sure what state you moved from and to- but wherever the current custody order was entered- is where you need to file to modify.

  • Mon, Oct 21 2013 8:59 AM In reply to

    • Maybride
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    • PA
    • Posts 52

    Re: Son accused of sexual abuse/visitation issue

    dad agreed to move in Aug, I have a signed stipulation by myself, dad, dad's lawyer and I copy from the judge. As for the detective and CYS permission, we were moving in the being of the investigation and I needed to know from them if there was any reason we wouldn't be able to move from PA to NC in reference to the investigation. CYS showed up at my house 2 days before I was to leave. My husband and I were really annoyed that our home had to be checked to make sure it had running water, electric and food & beds for the kids but we still let her in and answered all her questions even though this happened at the fathers house while son was with his father.

  • Mon, Oct 21 2013 10:26 AM In reply to

    • DPH
      Consumer
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    • Joined on Mon, Oct 8 2001
    • TX
    • Posts 7,875

    Re: Son accused of sexual abuse/visitation issue

    Maybride:
    My question is custody order states son see's father for Christmas break and 4 weeks in summer (next year) If son is found guilty what happens with the Christmas/summer vistitation? He won't be able to stay at his dad's since the little girl lives there.

    Please don't take this the wrong way, but you need to be focusing pn what your son is alledeged to have done and the possible legal ramifications of those actions if he is charged and tried.  If he were tried and found guilty, it is possible that he might be in the custody of juvenile authorities and visitation issues would be out the door.  In other words you might not have any visitation issues to worry about next Christmas or summer.

    If you haven't already, you need to consult with an attorney to advise you and your son of the possible consequences of the ongoing investigation, what could happen if charged, convicted, etc.  Have you considered that if your son were to be found guilty that he could be jailed and might have to register as a sex offender for the rest of his life?  Not saying this is what would happen, but if is probably a possibility and definitely needs to be addressed.

    Make an appointment with an attorney to discuss your options.

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

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