SPARC Forums

Posted to Soc but wanted to see if anyone here had any experience with this?

All events take place in GA.

NCP recently learned that during CP's marriage two years ago (marriage lasted 6 weeks) that an "incident" occured in the CP's home while the children were there.

NCP received the police report today which lists CP as the complainant and offender in a Domestic Incident with her husband as the Victim. CP was arrested on the premises and issued a citation for DOC.

DFCS was called due to the fact that CP and NCP's children were on the premises. The DFCS representative made the decision that the children could remain in the care of CP due to the fact that Victim was voluntarily leaving the house.

CP made sure to withhold this information from NCP due to the fact that the final custody hearing was taking place the following week. At that hearing, CP was granted sole physical and legal custody.

1. At the next court date that occurs, will the judge look unfavorably upon the fact that CP did not reveal this occurence before the final custody hearing?

2. Will the judge take this incident into account in future decisions concerning custody (i.e. the fact that CP was the offender and was arrested for DOC while children were in the house)?

3. Will NCP have to go through a lawyer to get the DFCS report of the incident? (At this point, DFCS is refusing NCP the information due to the fact that he wasn't involved.)

4. Did DFCS follow procedure in not alerting NCP to the occurence?

Thank You.

1.  Yes but, that would make sense, but one cannot always assume so much with Judges.

2.  Yes, even for a Judge, this is a very big deal when custody is involved.

3.  No, although an attorney might speed things up.  NCP still has an interest as his children are involved, but without even legal custody may well have to motion the court for a subpeona.  He could file the motion pro se.  

4.  Probably.  If CP has both sole physical and sole legal, DFCS is probably not obligated to alert anybody else.  In fact, DFCS may well be afraid that if they do, they might be liable when CP finds out.

If the police were involved and the CP was cited - and therefore tried... the reports are a matter of public record. Try getting a copy through public disclosure.  You sign the right forms, and pay the right fees, and you get a copy of the matter. It may take 2 separate requests, one for the arrest and one for the court case.

Have a female friend call and ask how to go about it... they may also get the incident number and case number.  Somehow, other females will offer alot of information to me if I call and act lost. (I need reports and stuff for my job as a claims adjuster.)