Desperate Father needs advice

[kayandy912]

Dear Soc,
Do you know anything about Family Law?
I was reading the family law resource book and it appears to me that you can't take a person's visitation away unless they have been CONVICTED of child abuse. My fiance was accused of child abuse by his ex wives and CPS but a Grand Jury No billed him which means they didn't believe it happened. But, his ex-wife is still trying to have his visitation set as supervised. Can this be done even if he wasn't convicted of child abuse? Who has more power...A Grand Jury Or Child Protective Services?
TJT


TJT

[socrateaser]

>Dear Soc,
>Do you know anything about Family Law?

Nope. Not a thing. You should try someone else. I'm only expert in matters of family law.

>I was reading the family law resource book and it appears to
>me that you can't take a person's visitation away unless they
>have been CONVICTED of child abuse. My fiance was accused of
>child abuse by his ex wives and CPS but a Grand Jury No billed
>him which means they didn't believe it happened. But, his
>ex-wife is still trying to have his visitation set as
>supervised.

Is that what "no billed" means? I thought it meant that the Grand Jury didn't believe that there was sufficient evidence to bring back an indictment, not that he was necessarily innocent of the charges.

Can this be done even if he wasn't convicted of
>child abuse?

Yes. But, you haven't provided me with the facts of your case, so I can't analyze them to determine if a modification of visitation is a reasonable possibility.

Who has more power...A Grand Jury Or Child
>Protective Services?

The question is irrelevant. A judge will decide whether or not to restrict visitation based upon the facts of your case, which may include a CPS report, but which will NOT include a Grand Jury transcript, because the transcript is sealed and inadmissible in court, unless an indictment is actually returned and charges filed against a defendant.

[kayandy912]

Ok,
Here's the story. My fiances 13 year old son (from his 1st marriage) came over for a weekend visit. My son and the 13 year were told to clean their room several times. When they didn't after the 4th or 5th time of being told, my fiance went in to supervise. At that point he asked his son to straighten up the entertainment center. It was then that the 13 year turned around and yelled at his father. In response, my fiance bent over, swatted him on his backside and told him to never yell at him again. Two hours later the room was spotless. The next morning, we all got up, had breakfast, and the 2 boys went to their room to finish putting together the beds we had bought them. When they were finished, they went down to the basketball court to play ball. We took his 13 year old and two 4 year olds home later that evening. Two weeks later, there is a police officer at the door arresting my fiance. Bail was set at $5000.00. CPS called 2 days later and told his attorney they would probably be coming out to speak with MY son about what happened that night. They never showed up. My fiance received a letter in the mail a week later that stated they found reason to believe he abused his son. A few days later, the Grand Jury hearing was set and he was no billed.
The only evidence that CPS had was a picture that was taken of the 13 year old the day he returned to his mothers home (one day after the incident) and it showed a bruise on his right leg that was already starting to turn yellow and the story of the 13 year olds side. Now he has supervised visitation with his 4 year old twins due to his 2nd ex-wife taking him back to Family court. He has no history of child abuse, no felony record, nothing! If all of these people believe that he did this then why is he still allowed to live with me and my 2 children?
Me, my son, my daughter and my fiances 2 four year old twins were all there that night. We did not see or hear any of the things his son is saying happened. Why would CPS or social workers not interview the witnesses and the accused?
TJT

[socrateaser]

If all of these people believe that he did
>this then why is he still allowed to live with me and my 2
>children?

Because there is insufficient evidence to charge him with a crime, and because you and your children have not reported any abuse. You are attempting to prove, that because he hasn't abused your kids or you, that this proves that he didn't abuse his own children. The fact that the former may be true, does not prove the latter true.

>Me, my son, my daughter and my fiances 2 four year old twins
>were all there that night. We did not see or hear any of the
>things his son is saying happened. Why would CPS or social
>workers not interview the witnesses and the accused?

Because you are all not credible witnesses. You have a stake in the outcome, and your testimony is likely biased in favor of the stepfather, so CPS will not likely bother interviewing any of you.

[kayandy912]

Thank you for your response
TJT