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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> sexual abuse
Aug 19
2009

Ask A Lawyer: Can I Get Custody When CPS's Gets Involved?

Posted by pmcmahon in sexual abuse , Parenting , Jill Best , Cordell Cordell, PC , Child Support , child custody , Ask A Lawyer , abuse

 Question:

I am in the middle of a custody battle with my ex-wife. We divorced nearly 6 years ago. This past April my daughter who is nearly 6 was sexually abused my her older half brother, my ex-wife's oldest child. CPS got involved in the case and I took my ex-wife back to court for custody of our two children (6 and 10).

During all of this I found out that there was a CPS case last year on my kids being abused at the hands of their mom and grandma. I did not know about this even though CPS is claiming that they spoke to me. I have always been worried about my kids. My lawyer said that the CPS case last year is not proof that the kids are in danger so he is not going to bring it up in court when we go back for the final court hearing in August.

My attorney told me that with my being an Over the Road truck driver that the court will not give custody of the children to me. I am looking for a job off the road, but if I change jobs now it will affect my ability to pay child support and the insurance.  This would put me in contempt when we go back to court. My new wife and I will be having a home study done on ourselves and the kids this July. Do you think the CPS papers should be brought up? I would really like to change lawyers but I have already payed this lawyer $3,500. He seems to think my chances are nil. What do you think?  Am I missing some options?

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Jan 06
2009

The Nuclear Option: How Men's Constitutional Rights Are Obliterated in Family Courts

Posted by Dads Divorce in sexual abuse , Parental Alienation Syndrome , false allegations , charges

by Jake Morphonios

There is a very simple trick, used all too frequently in family courts, that will almost always ensure the immediate elimination of a man's constitutional rights. Read more to find out if it can happen to you.

In acrimonious divorce and child custody disputes emotions are tense and tempers flare. Buoyed by litigious attorneys, each side engages in strategic maneuvers to gain the greatest legal advantage. Sometimes a parent, fearing a loss of control or custody over a child, crosses the ethically acceptable bounds of legal warfare. An unfortunate but all too frequently used tactic by mothers is to accuse the father of sexually molesting their child.

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Nov 29
1999

Ask a Lawyer: Child Custody

Posted by Dads Divorce in Visitation , TN , sexual abuse , Parenting , custody , child custody , Ask A Lawyer

Question:

My son has temporary full custody of his daughter. Temporary full custody was granted after reports of sexual abuse was reported to Department of Child Services (DCS). DCS failed to obtain medical reports from the hospital that shows the sexual abuse evidence. My grandaughter is 4 years old and told us that her mother and signifiant other were touching her and hurting her privates. My guestion is: Since the judge has already given my son temporary full custody, what are the chances of my son getting full custody of his daughter?

Answer:

Allow me to preface my answer with the fact that I am not licensed to practice or give legal advice regarding the laws of Tennessee. In most states a temporary order is not supposed to impact the final outcome of a case, however in practice, your son's case is much stronger due to the temporary order. Make sure he stays on top of all of his responsibilities in the court order. That will go a long way to bolster his case as well.
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