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M1952's avatar

CPS and police department did not arrest after sexual abuse accusation?

Asked by M1952 (301 points ) July 17th, 2014 from iPhone

my very young child said and she also told CPS that her bio father had touched her vaginal area (not the inside) and that she was afraid of him. He lives in a different county so unfortunately word had to travel from our county to the other, the fathers county did nothing and the case was closed but i am very fearful for my daughter visiting with him and staying with him alone, we currently have a temporary injunction against him. Does he automatically get to keep visitation as is because there was no arrest made? or can a judge hear the story and decide on something else such as supervised visitation or limited visitation because his normal visitation is every other weekend. I’m just wondering how the fact that there was no arrest made will affect the court hearing, as her mother and primary caretaker I am not comfortable with everything just going back to normal. Thank you.

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12 Answers

elbanditoroso's avatar

If you don’t have a lawyer, you need one. ASAP.

You can’t unilaterally decide to stop visitation. That has to be done with a court order. If you don’t have that, you can’t prevent it.

If he wasn’t arrested and if Child Services gave the guy a clean bill, then the judge in your county has no basis to make a change.

This is why you need a lawyer. You cannot and do not want to deal with this as an amateur.

M1952's avatar

I do have a lawyer, And we are going to subpoena the case worker, I’m not asking if the judge can make an arrest, I’m asking if the judge can I guess continue the temporary injunction until we can go to a hearing to have the custody arrangement modified but that is my main question really, does the fact that there was no arrest made mean the injunction will be dropped and nothing will change? Or is that up to the judge to decide? Thank you!

M1952's avatar

the case worker did believe something strange was going on over there and believed me daughter, however, we live two hours away so cps in my county sent the case to law enforcement in his county but in the end his county ended up doing nothing which to me doesn’t make sense that they have the authority to make the decision because they weren’t the ones who interviewed my daughter

jca's avatar

I was a CPS worker. Sometimes there are no criminal charges if the child is what they consider too young to testify in court. However, a law guardian is appointed to your child and all children through the court process. The law guardian is provided free to represent the child’s interests.

You need to put your thoughts into writing and cc it to the Judge, the law guardian, both caseworkers and any law enforcement involved.

Dan_Lyons's avatar

I notice you make no mention of which countries are involved and I wonder how on earth you think anyone can be of help when you withhold important information.
since he is the father mere touching of the vaginal area could simply be attributed to wiping her clean.
You also fail to mention the age of this child.

Is this for real or are you just sort of making things up?

M1952's avatar

which countries? It’s in the US, we both live in US, I said different counties? and the child is 4.

Dan_Lyons's avatar

Yes,and yet you didn’t say which countries, and now you aren’t saying which counties, so we don’t know if you are in the same State or not.

M1952's avatar

It’s in florida. Both in the same state, different COUNTIES, as we are 2 hours apart.

LuckyGuy's avatar

Obviously I have no idea of the circumstances but is there a remote chance he was just being a responsible parent and cleaning a poopy diaper or training pants? When my sons were toddlers occasionally both of them made messes that covered an incredible amount of surface area. How did they get poop on their backs AND their stomachs?!?! Bleecch! Just the thought of it makes me gag 30 years later.

M1952's avatar

The case worker interviewed her, she stated he takes her underwear off while she is in bed in the mornings.

M1952's avatar

She is 100% potty trained, no one has to help her.

LuckyGuy's avatar

Ooooohhh. Totally different.

Any chance you can set up a nanny cam?

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