If a judge was unable to grant an injunction against sexual abuse and violence due to lack of evidence would there be a possibility to modify a custody agreement?

You have to demonstrate a reason for your request. Accusing someone of sexual abuse is a serious charge; you have to show why and how you know it is happening.

You may only get a temporary order to have the child meet with an independent evaluator who will make a recommendation to the court.

Is there documentation of intervention by the police or sheriff? Has this been reported to Child Protective Services? If this is all new, the judge will ask why this has been allowed to go on. Issues like this, when brought up for the first time in a custody situation, are questioned.

I contacted CPS at the end of May, I ordered a temporary injunction that the judge did allow but because there was no physical evidence of sexual abuse they were not able to place another one or a permanent injunction on the father during the injunction hearing, so I want to have the custody agreement modified as no overnights.

This really is a question for a lawyer in your locale and I am not a lawyer, but my guess is the bar for custody is easier than proving something in a criminal court. Is the injunction done by the criminal courts? Family court will probably be afraid not to err on the side of caution.

I don’t see how no overnights is enough. Maybe you can ask for him not being able to be alone with your child if the courts won’t do something more drastic. A girlfriend of mine went through that, the court ordered she could only have visitation with her kids with another approved person present. Her mom used to fly in so the children could visit.

I am asking for no overnights, along with supervised visitation. I am hoping they will modify something because this guy has literally gotten away with murder and it’s so upsetting. I don’t see how anyone could deny protection to a 4 year old. It definitely wasn’t family law for the injunction and due to the circumstances of the case we had to be placed in a separate room but they said because section whatever in that there is a lack of evidence they could not approve the injunction, the judge did say I should try to modify the custody agreement but he didn’t mean it in a way that it would be granted, It’s really the only option or attempt I have left to protect my daughter, And I did speak to my lawyer about it but of course he cannot guarantee that they will modify the agreement.

Do you think there is abuse, because of what your daughter tells you?

She stated on 2 occasions that “daddy touched my peepee” her father states he doesn’t bathe her, that his mother cleans her and he never touches that area, My daughter told the CPI investigator that he touched her peepee when he was cleaning her in bed which doesn’t make sense, she’s been out of diapers for over 2 years.

Aren’t you the same person who is pregnant and getting a divorce? Plus, now you are saying your daughter possibly is being molested by her biological father? Is that right?

Will CPS continue to check on the situation, or is the case closed for now?

Is your daughter upset about visiting her dad?

Yes I am the same person, The molestation situation actually happened before the divorce. Cps closed the case with findings.

You never mention a lawyer in all of these questions. Do you have one? Did you look into legal aid? You really need to be speaking to someone who can represent you.

Did she say he touches her out of the blue?

I do have a lawyer yes.

The first time she said it was back in February, then she said it again at the end of May both times when I was getting her dressed in her room after coming home from seeing her father.

I’m asking these questions to get opinions from other people, My lawyer cannot guarantee anything

I hope you can get something done so he can’t be alone with her. He might not have done anything wrong, but what if he did? You have to assume he did at this point. How often does he see her?

@JLeslie thank you, that is my point exactly. He has not seen her in about four months on a temporary injunction but he would see her every other weekend, holidays, and three weeks in the summer.

As she gets older I guess she will be more reliable about whether she was touched inappropriately. Although, it’s always tricky with children, they also will say things they think a parent wants to hear and also stifle if they think something they said upset a parent.

No matter what, for now you have to assume he has been inappropriate. Is there any chance he will just agree to no overnights without a court order? Just to demonstrate he doesn’t want anyone to think he would harm her.

He would never agree to that, He’s not willing to compromise about anything, ever.

You really need to talk to a Family Court attorney (or your child’s law guardian, which is the free one appointed by the court solely for the purpose of representing the minor). None of us can adequately answer your question unless we are family court attorneys in your state.

As you know by now, what is logical is not always the way Family Court works.

He murdered someone? Then you should have no problem getting no visitation for a felon. Has he been prosecuted for the murder?

Is that supposed to be some sort of joke? I don’t feel this question is amusing, thanks.

You said he has gotten away with murder. It’s a question.

Is the four year old’s father a different person from your husband that is divorcing you?

it’s a figure of speech.

and no it’s not the same person.

@zenvelo I too when I read “gotten away with murder” thought she might be serious, and then I forgot about it. It just further proves to me mind is like a sieve these days. I think your question was valid. It is a figure of speech, but when we are talking about molestation, divorce, and multiple bad situations it isn’t impossible to think there might be other felony crimes involved.

Well, we really don’t what he did. It would not necessarily be wrong for the father of a four year old to bathe or clean his daughter. This is a side point, but you might want to think about using the term vagina instead of “pee-pee” with a four year old.

@JLeslie what was the reason your friend had supervised visitation?

Alcoholic. Her alcoholism got really bad and so he sued for custody. Mostly, he did it so he wouldn’t have to pay child support. The courts, once he made an issue of it, even restricted her visitation to supervised visits only. As soon as that was lifted her husband let the kids spend 90% of their time with her, even though he had 100% custody.