SPARC Forums

It came to my attention that BM's new husband sexually abused her daughter a few years ago, and when daughter brought it to BM's attention, BM told her she didn't believe her and told her she was ruining their new family.  Just recently the daughter reported the incident to the police and they investigated it and forwarded criminal charges on BM and SF to the district attorney.  The district attorney may or may not file charges, as there were no witnesses (ala Michael Jackson), but DCF took the daughter and my two bio kids from the home in October, and they have all been living with me since.  The daughter who was abused was not mine, but my two daughters were living in the home, and BM ignored the older daughter's allegations.  The issue is set to be heard in DCF court.  Do I have a shot at custody, in anyone's opinion?  I can't let the kids go back to an environment where the BM can not even protect them.

I'd strike now with a custody hearing before you get before DCF in October and they throw out the case based on no merit.  I guess you could file child endangerment, moral climate of the household, DCF removal of the children from the household as your basis.

Does anyone know if this falls within the spectrum of a substantial change in circumstances?

Yes!

I would think it would reflect poorly on you if you did not challenge custody because of this.  If you let it go too long and then challenge custody a year or so from now, your integrity suffers too.  The judge will wonder why you didn't do something sooner.

Go for custody of your own kids. You can't do anything about the other kid unless the state takes her parents rights away pending this case.  So really it's in the states hands until that decision is made.