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Post by islogan on Sept 1, 2011 17:43:38 GMT -5
a dad has had custody of his 14 yr old daughter since she was 3. repeated issues over the years caused him to think the mom's friends were not the best to be around child. at 8 child speaks of big secret, at 10 child accuses mother of sex abuse, and other men she didn't know. investigator had no evidence, dfcs said his home was safe, mom vanishes for 3 yrs, only to serve him with court papers out of the blue for withholding visitation, which she didn 't prove in court- and he was not held in contempt. she made no attempt to see child. child tells guardian and guardian appointed counselor that mom abused her. they tried, in front of witnesses, to tell her she didn't remember anything, at which she called them on it, saying she did remember, with witnesses. after much pressure she agrees to supervised visits only. then counselor tells her, with a witness, that it doesn't matter if she tells the gory details, there is no evidence to prove she was abused. at this point the child gives up and agrees to day visits. (when child was 8 night visits were taken away by a different judge who stood in for the usual judge that handles the case). the attorney for father is "trying to work with the system". the judge gives mother all visitation rights from original divorce decree including full summer (which she has only used once in 14 yrs). child repeats abuse aligation to father, is stunned and acts scared, and cannot say how she feels about going. seems totally shut down. attorney is wanting to see if the mother "screws up again". history of abuse also includes sleeping pills, pornography and watching mom have sex. WHAT DOES DAD DO NOW?
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Post by Harrison on Sept 2, 2011 12:09:48 GMT -5
You may not be able to prove sex abuse but you sure the hell can prove abuse through abandonment. A restraining order can be had if you and your daughter fear for her safety. DO NOT LET YOUR DAUGHTER GO as far as that goes you really can't make her. She is 14 and when confronted with such danger at the time of visitation may run away and hide at a friends house. You may want to seek new council. An appeal or judicial review would suspend that foolish order. It sounds like your in family court, if so appeal that order and go to superior court and a real judge. It hard to point you in the right direction when I don't know were you are legally or geographically.
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Post by islogan on Sept 2, 2011 14:42:38 GMT -5
there are many complications, but the first two that come to mind from your response; some previous involvement between father and the mother prior to the accusation clouded the judgement of the investigator who now feels the need to travel two counties to testify that there was manipulation involved, which she spent approx 1 hr of investigation to determine. also, the mom knew enough to pay child support about every three to six months during the three years to avoid total abandonment. the child does want to see her mom but feels that supervised or just day visits would keep mom from doing bad things- obviously naive about non-supervised, but that is what she will tell authorities. (he has daughter on board to try a different counselor, which is in the works.) would this not make a restraining order impossible?
also, this is in a county superior court, in georgia - a metro atlanta county. the other concern is the boyfriends involvement- txt her, gave her jewelry for xmas, all before meeting her. the mother also showed up to court with a prostitute friend who hasn't seen the child since she was in diapers. wondering if there is something bigger here.
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