QUESTION

What can I do if my ex-wife's boyfriend molested our daughter?

Asked on Apr 10th, 2014 on Child Custody - Idaho
More details to this question:
Recently it has come out that my Ex-Wife's live in boyfriend has been molesting our 9 year old daughter for almost 8 months. He is in jail now and there is a protection order in place for if/when he makes bond. My ex-wife is the Primary Parent and I am the Secondary Parent, but I want to take her back to get custody of both our children. Do I have a chance?
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7 ANSWERS

James Edward Smith
You need to report the incident to the police or CPS or otherwise it will look like you're orchestrating a change of custody motion.
Answered on Apr 15th, 2014 at 9:44 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Maybe. All you can do is go to court and explain that she doesn't have very good supervisory skills. You know, unfortunately, you may find out that she participated to some extent. That would be the clincher.
Answered on Apr 15th, 2014 at 9:44 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Yes, you have a chance depending on how negligent she was to have not known this. But you need to act quickly. You should have filed as soon as you learned this information.
Answered on Apr 15th, 2014 at 9:44 PM

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I'm really sorry for the circumstances you and your children are dealing with. The question the judge will ask is if the change in custody is in the best interest of your children and if the change is circumstances is substantial enough to justify the change you're requesting. I'd say, given that your child was abused for almost a year while living under your ex-wife's roof, that you've probably got a pretty strong case. Good luck.
Answered on Apr 15th, 2014 at 9:44 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Such occurrences sure as hell a change in circumstances, I would discuss the situation with an attorney. If there is anyway you can show that she knew or should've known that this was occurring I would think that your chances of gaining custody of your children would be very high.
Answered on Apr 15th, 2014 at 9:44 PM

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Thomas Edward Gates
You might, it's unclear what your ex-wife's knowledge of the matter and how she responded once knowing the fact.
Answered on Apr 15th, 2014 at 9:44 PM

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Yes, especially if your ex-wife knew about it. If you can afford it, hire an attorney to help you.
Answered on Apr 15th, 2014 at 9:44 PM

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