Father NCP files for custody after learning that 8yr old abuses & mother never informed him!

[DevotedStepmom]

I'm hoping that someone can help us with suggestion on were we go from here?!?!  Two weeks ago on Dec 9 my 14yr old stepdaughter(who lives with us) informed her father and I that her little brother had been sexually assualted by his mother's neighbor over 8 months ago.  The suspect was arressted and is awiating trial, but the mother (custodial parent) never informed us, matter fact she instructed the children to NEVER UNDER ANY CIRCUMSTANCES do they tell their father or I.  At the time of the incident the children were living in the state that we riside in but over the summer the mother asked if her and the 2 children (15 yr old daughter and 8 yr old son) could move and get a fresh start away from her current husband (which she also has a child with).  The intention was that she was to move in her family home rent free and get on her feet finacially by getting a job that was over 4 months ago and still no job and the current husband has been there to "visit" 6 times in 4 months.  Since learning of the sexual assault we have also learned of some Domestic Violence that occured between the mother and current husband.  So, we have filed for an emergency motion to grant us temporary custody but we haven't heard anything from the courts as of yet!  UGH!!  It the holidays and were suppose to put these children back on a plane on Thursday and she is threatening to have us arrested for kidnaping if they don't return on Thursday...  Did I forget to mention that the 8yr has never been in ANY counseling for the assualt and is due to testify in 3-4 wks via videotape and then possibly on the stand if the videotape isn't allowed.  The mother has no issue with putting this very young child on the stand and furthermore has continued to distroy this child security and safety with his father because she has told him that if we get custody that we will never let him see her...  He has requestd not to speak to her because she make him upset which we said that was fine!  So in closing what do we do?????  

Very scared and worried I love my stepson and don't want him to go through this anymore then he has too!!!

Sincerely,
DevotedStepmom

[MixedBag]

I think you've done all the right things -- and I would follow your attorney's advice and call them on Wednesday/Thursday.

Different states handle "emergencies" differently.

For example, I know one state where we were given 30 days to respond to an emergency motion and THEN a hearing was scheduled.

As for the kidnapping, again, police officers in different jurisdictions are gonna react differently.

Heck, it wasn't too long ago that a long time member here came and posted that the BM was keeping their child and not returning them for a long time and that they were waiting for the "system" to do it's thing to get the child returned across state lines.

Don't know the outcome because they didn't come back yet and post.

There is no cut and dry answer that any of us can give you because a lot of it depends on your judge... and your attorney knows him/her best

[DevotedStepmom]

Thank You for the response!  We just feel that were at a lose for the judicial system to side for the father even though we have a very good case!  The mother is almost to the point of agreeing to let this child stay with us, but you can't trust her one bit.   I will let you know what happens from here.  

Thank you
DevotedStepmom

[babyfat]

This assault on the 8 year old, was cps involved? Usually they are for things like that. the mother should have been provided with a plan of some type in which she was required to take the child to therapy. If she gets and overzelous worker she herself could be charged with failure to protect depending on the circumstances (depends on what happened who was watching the child at the time ....) I would find out if there is a case that is open and talk to the worker (well not you your husband I don't think they can legally tell you what is going on) This child needs all the love and support they can get right now ask the worker if there is one how you can help.

[DevotedStepmom]

CPS was notified by the police but we found out that there was no case because the suspect was a neighbor not someone who lives in the house with the child.  We have contacted them and they have filled a medical neglect case againist her and sent it to the state that she resides.  We were denied an emergency hearing due to the fact that the children weren't in imediate danger.  So we put him back on a plane unfourtunatey but now are filling for a hearing for temporary custody of the child and the return of the child back to us.  We live in Florida and the child lives in TN so it's gonna be interesting....  The mother now is having the oldest child 15 yr old daughter fight with the the middle child that lives with us....  it's getting really bad!!

I'll keep you updated!!

Thanks
DevotedStepmom

[DevotedStepmom]

Well the saga continues!!!  My 8 yr old step-son is still in TN with his mother!  She recieved the paperwork from our attorney which gave her 20 days to respond and she responded on her own with no attorney!!
The letter was very interesting but I think the best part was the statement            
         "Telling his father was not the priority at the time. I did not try to conceal the incident. Even after relocating to TN the very first day of school, I met with the principle and the school counselor to advise them of the incident."

Yes, you read that correctly she admitted that telling his father that his son was molested was not a priority but that 4 months later it was a priority to inform the childs school of what had happened but not his father!!!

Any suggestion for how to proceed now?   We are not sure if she is in default for not responding because her response is not a correct or a formal legal one, and if she didn't file it with the clerks office she's absoulutely in default.....

Oh, yea did it forget to mention that she hasn't hired an attorney because she's trying to get legal aid but doesn't qualify for it because she lives in TN but the case is in FL...


I look forward to hearing from you all!!


DevotedStepmom

[mistoffolees]

>Any suggestion for how to proceed now????   We are not sure if
>she is in default for not responding because her response is
>not a correct or a formal legal one, and if she didn't file it
>with the clerks office she's absoulutely in default.....
>

If she didn't file with the court, she's in default. If she filed with the court (even if it's a handwritten note written on a bar napkin), she's not.

Ask your attorney what comes next. Or file with the court for expedited judgment on the basis of failure to file a relevant response.

[DevotedStepmom]

Well our attorney said were gonna except her letter as a response.  Even though it is not a correct way to respond, because she doesn't have an attorney the Judge will allow it as a response and we don't want to rock the boat with the Judge...  

We are filling for a hearing and requesting the Judge to order a custody evaluation through the courts and that we are granted visitation over the spring break peroid for school so that we may have the children do there part of the eval then and go from there....

But i'm still in shock that she admitted to the fact that telling his father was no a priority...

Can you believe that???

Thanks,
DevotedStepmom