Ask Me Help Desk - Custody Issue.

THIS IS FROM SOMEONE WHO LIVES IN PENNSYLVANIA:
My live-in boyfriend was found indicated 03/07 for sexual abuse based on an allegation by his now 14 year old daughter. (she was in fostercare and made the allegation one week after we told he we were going for custody to move her form the city to the country) The incident in question happened over 8 years ago, and is currently being appealed. (I now want her to take a lie-detector test) On 6/26/08, The town cop plus an intake worker from our local children and youths services came to our house, stating that someone called "childline" stating my boyfriend was a danger because he was living with a 10 year old (my daughter, I also have a 15 y/o), and that he was NOT to be living with children. We NEVER obtained any information EVER that stated that he could not live around/with kids. (My heart is still ripped and twisted apart from that day... )
My B/F moved out @ 0900 6/27, after being in our lives for 5 years. They stated to us that we were both being investigated for putting my kids in "intiment danger".
This paperwork about the case was sent to my ex-husband, and now he is taking me back for custody of my kids. Now, I understand fully what a shock getting something like that in the mail can do to a person, for Im living it.. BUT... He has not seen/contacted/talked/visited/Never spent a holiday with them/No birthday presents/No contact with the girls' schools... Nor has made no effort what-so-ever in the past 3 1/2 years to have anything to do with my girls. He does pay $58/week in child support. Every allegation on the petition for modification he filled out is false. He signed this petition, and I can prove through documentation that He fully knew what he wrote was not true... (Ive researched this, and know I can prove He violated section B under PA Law code: § 4904. Unsworn falsification to authorities, and also: § 4902. Perjury, under (b) Materiality.--Falsification is material, regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the proceeding. It is no defense that the declarant mistakenly believed the falsification to be immaterial. Whether a falsification is material in a given factual situation is a question of law. I will also throw in: In law, defamation of character (also called calumny, libel, slander, and vilification) is the communication of a statement that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image, to support my case)
I have since been cleared, although my b/f has not. We are waiting on a lie-detector test to be done for him to move back home because they can't base fact/examination without it due to this alleged incident being so long ago, Even though we have a paper signed by the same man from CYS who examined him for his daughters case against him that "recommends full contact with daughter".
My ex-husband just got a DUI, and He's a truck driver, about 4 months ago. He's a pathological liar, and is very good at what he does. His nick-name is "Warren-County's Biggest Con-Man". Trust me, its true...

My question is: Do you think there is any chance the courts would give him custody? I have never been in trouble, am a nurse. I work 11p-7a shift, But my oldest will be 16 soon and is a very level-headed, mature kid... We also have a wide safety plan for emergency's at night, should I not be home. (These people will come to court for me as witnesses, as will my ex's family)
My kids are my life, and this is ripping my heart out.
Thank-You.

[QUOTE=Melissa66]

Quote:

My question is: Do you think there is any chance the courts would give him custody? I have never been in trouble, am a nurse. I work 11p-7a shift, But my oldest will be 16 soon and is a very level-headed, mature kid... We also have a wide safety plan for emergency's at night, should I not be home. (These people will come to court for me as witnesses, as will my ex's family)
My kids are my life, and this is ripping my heart out.
Thank-You

You never really know what the Courts will do but in this situation (the non-participation in their lives by their father) you have to just hope that the Court will see this for what it is, an attempt to give you grief. Your children are also old enough to be interviewed by someone appointed by the Court to act in their best interests.

The best you can do is present all your evidence concerning his bad character and the other circumstances.

I definitely would not attempt to handle this without an Attorney. Definitely.

First of all purgery would be determined separate so even if he did purger they will still go ahead with the case if they feel it is merited anyway. Your ex having lived with you when he should have known that any registered sex offenders are not suppose to be within so many feet of anywhere that minors are very likely will weigh against you to some degree.
CYS will most likely have your kids live with who ever they feel is the better parent for them.
They could hold that you used poor judgment in allowing a 'sex offender' live with you.
They probably won't hold being a pathological liar against how well he takes care of children. Most likely they will take his lack of prior interest into consideration.
But CYS plays above the law and goes a lot by what they 'feel' so it really is up to what the Judge happens to decide.

This is only a "hearing" in front of an officer, not a judge. I don't have to bring my girls to the hearing. I don't have a lawyer, But if it goes in front of a judge, I will get one. Thanks so much for the answers!

Hopefully it can be resolved with the officer but DO take your kids if it does go in front of the Judge.
If you can afford a lawyer get one rather than using the court assigned ones --they almost always play into the hands of the court rather than FOR the client.

I've already scoped most out in our area... I live in a very rural area...

Yeah most parts North of Butler are very rural.
Tionesta is really nice hunting spot.

Was your BF indited or was he convicted ? I didn't see andthing about a conviction nor him having to register anywhere.

He was "indicated"... Was never charged/convicted with anything nor is under the megans law website

Quote:

Originally Posted by Melissa66

He was "indicated"....Was never charged/convicted with anything nor is under the megans law website

Then why - I wonder, and this is rhetorical, I guess - can't he be around your children? Is somebody making up the laws as they go along?

I'm all for keeping kids safe but if he was indicted, the charges were dropped and that was the end of that, then who decided he was guilty as charged - ?

Yeah they tend to make laws up as they go along. When it involves CYS they tend to look at the what if's and not go by you were found innocent then they want to keep the same laws as if you were guilty. Hopefully they will get it all cleared up.

CYS here said that the we should have known he shouldn't have been around kids due to the letter from childline stating he was indicated in his daughters case... but NOWHERE in the letter does it state he could not be around children. It states "his child" (supervised visitation), but it never says ANYTHING else...
This is ripping my heart out, I swear to god

I have to say that there is information that is missing here. First off... why was his daughter in foster care? If the mother was the problem, surely the father getting custody would be the first option, not foster care? Which makes me wonder if there isn't some truth to her claim that he molested her. If there is, then having been around another child in the same age range as his daughter was when he molested her is not going to look good to the court. And if the judge's choices come down to having a child live with a parent who is shacking up with a potential child molester for 5 years or with one who hasn't been in the child's life for the last 4 years, I know which way I would choose.

Quote:

Originally Posted by froggy7

I have to say that there is information that is missing here. First off... why was his daughter in foster care? If the mother was the problem, surely the father getting custody would be the first option, not foster care? Which makes me wonder if there isn't some truth to her claim that he molested her. If there is, then having been around another child in the same age range as his daughter was when he molested her is not going to look good to the court. And if the judge's choices come down to having a child live with a parent who is shacking up with a potential child molester for 5 years or with one who hasn't been in the child's life for the last 4 years, I know which way I would choose.

It appears the father was going for custody when the alegation was made. Once it is recorded the wheels won't stop until there is resolution. OP stated that they were going for custody and moving the child from city to country.

Quote from OP ::: My live-in boyfriend was found indicated 03/07 for sexual abuse based on an allegation by his now 14 year old daughter. (she was in fostercare and made the allegation one week after we told he we were going for custody to move her form the city to the country) end quote :::

For enquiring minds. This is Penn law on this subject of abuse.

PROTECTION FROM ABUSE