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Reged: 02/18/09
Posts: 161
my DD could be in danger soon
      #504817 - 02/18/09 05:28 PM

Hi, I am new to this board. Divorced in 2003, I have primary & we have shared legal. A little historyóIn 2005, my exís cousin(10 yo at the time) sexually molested my DD8(5 at the time) in another state. When she told me this , I called DCF & they investigated here & in the other state. The investigation came back & said counseling for DD.
Judge ordered temporary restriction for my exís visitation in that the cousin canít be around my DD in 2006. We went to court in 2007 because ex had a DUI in 2004 too so I was asking for sole legal & for my DD to continue counseling since my ex wouldnít allow DD to go to counseling with the counselor I choose. The judge ordered that my DD could continue counseling but I did not take her because I didnít want the ex involved as that would have been harmful to DD.
Now, ex just motioned to have the restriction lifted so his cousin can be around DD. Cousin along with the rest of his family lives in another state!!?? I donít understand why he would be doing this. I am afraid for my DD. I have an attorney. But any thoughts or advise would be great.

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Carpal \'Tunnel

Reged: 06/17/08
Posts: 6756
Re: my DD could be in danger soon [Re: ccmom]
      #504897 - 02/19/09 12:01 AM

Hi CC.....I know that you are new, but just so you know, forum etiquette is to only post a subject in one thread. I understand that this topic does involve both custody and sexual abuse......just FYI

Although some parts of the history sound strange, I would think a judge would err on the side of caution to keep the restriction in place.

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Carpal \'Tunnel

Reged: 07/13/04
Posts: 10468
Loc: West Virginia
Relax... [Re: ccmom]
      #507729 - 02/26/09 06:33 AM

There can be no valid reason for lifting such a restriction. We're talking a distant relative, not immediate family, who lives in a different state, in another household. No reason a judge would lift it.

Char Fox

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Carpal \'Tunnel

Reged: 06/02/04
Posts: 8182
Loc: This Asylum --->
Re: Relax... [Re: almostheaven]
      #508361 - 02/27/09 12:06 PM

Chances of removing that restraining provision are not good particularly if your daughter still expresses concern and fear. the burden falls on bthe party fling the Motion to demonstrate that the request is in her best interests. That would seem to abe a very difficult standard to meet under the circumstances.

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