QUESTION

How can I stop my children from having to return to their father's house after my daughter was molested by her grandfather there?

Asked on May 13th, 2016 on Child Custody - Pennsylvania
More details to this question:
Last week my 16 year old daughter disclosed to me that her grandfather that lived with my children, their father, and grandmother has been sexually molesting her for the past 6 years. I immediately removed the children from the home and went directly to the authorities. A case was opened with Children & Youth and I was told the children could not go back home. In the process of the investigation it was brought to light that he did the same thing to my ex's sister; however, no one believed her and knowingly gave this man with a history of sexual abuse access to my daughter. Since then the grandfather was apprehended and is no longer in the home. Now Children & Youth is allowing my children to go back to their father's house. Not only do my children not want to go back to their father, I do not feel that that is in the best interest of the children, especially my daughter, to be returned to that house. Right now we have shared and he has primary residential custody. What can I do?
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1 ANSWER

Alimony Attorney serving Kennett Square, PA at Baikow Legal
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Tough situation.   Your best bet is to file a petition for modification of the custody order that's in place. To be perfectly candid, the fact that the grandfather is not in the house with the children is a big factor.  If he is not present, it will be easier to argue that the father himself is not a threat to the children.  You would have to show a correlation between the grandfather's action, and the father's, to make an impact in court. I recommend contacting your local bar association, or contacting an attorney in your county/area.  Best of luck. 
Answered on Jun 01st, 2016 at 12:32 PM

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