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  1. #1
    flmom939 is offline Junior Member
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    Jun 2010
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    Default full custody question

    I am a mom of 3 children who have been sexually abused by my ex-husbands brother, who served 7 years probation. The offender is now off probation, and is now allowed to see the children (court denied a restraining order after his case was absolved), and their father has no problem with them being reunited, and has taken them to see the brother already, despite my wishes that he does not bring them anywhere near him. The ex has legal custody on the weekends, and it is my sincere fear that this situation can arise again, not to mention having the children under this stress of being forced to interact with the person who have hurt them in the past. My question is, since I disagree with this situation and the ex has a totally different viewpoint, would I have grounds to try to get full custody of the children for fear that they will be exposed to the same type of enviornment where the abuse happened in the first place (the ex and his brother live together)? any advice on how to protect my children from possible physical and mental trauma over this situation is appreciated.

  2. #2
    Attorney Allison Belcher's Avatar
    Attorney Allison Belcher is offline Super Moderator
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    Sep 2008
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    File a supplemental Motion to Modify the parentingicon plan, or a Motion for temporary relief. If you cannot get restraining orders in civil court, you should be able to get orders in the family court to protect the children. You may not be able to have all the Father's parenting time taken away, however, their can be orders that he cannot have parenting time with the children around the offender.
    Attorney Allison Belcher
    The Divorce Center

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  1. 06-14-2010, 07:28 AM

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