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conceredmom · May 31, 2013, 05:10 PM

My daughter is 9, her father and I have been separated for some time but never married. In a previous relationship I was being abused and sent my daughter to stay with her father until I could get out of the situation. After a year I find out that he has been accused of sexual molestation (not to her that I knew of) but 2 other underage girls with my daughter in his care. My daughter states she doesn't want to visit him for summer break although he claims she has no choice in the matter. If I don't send her am I at fault or do I have just cause to not make her go? Do accused child molesters still get to visit their children unsupervised?

jordii · May 31, 2013, 05:41 PM

It sounds like you need to talk to a lawyer as soon as possible.

If your daughter is saying she doesn't want to go then you need to listen to her. You need to advocate for her and she is counting on you.

Best wishes for a speedy solution.

ScottGem · May 31, 2013, 05:48 PM

Is there any court ordered visitation? If there is, then he is right, until a court changes the visitation order you are required to make the child available for court ordered visitation.

However, if he has been convicted of molestation, then you should be able to get a modification of the visitation.

cdad · May 31, 2013, 05:50 PM

Are there any court orders stating what visitation is? Also there is a huge difference between being accused and being convicted. How do you know about his situation and were the charges dropped?

cdad · May 31, 2013, 05:53 PM

Originally Posted by jordii

It sounds like you need to talk to a lawyer as soon as possible.

If your daughter is saying she doesn't want to go then you need to listen to her. You need to advocate for her and she is counting on you.

Best wishes for a speedy solution.

Jordi, this is the law section of AMHD. We try to keep emotion out of responses in favor of the law. Right now we are only hearing one side so to answer the OP's question please try to stick with current law.

AK lawyer · May 31, 2013, 07:03 PM

If I don't send her am I at fault or do I have just cause to not make her go?

The question of whether a court child custody order is in place was never answered. From the way the OP's question is asked, I will assume that one isn't. If that is the case, you have no obligation to make her go.

Do accused child molesters still get to visit their children unsupervised?

The rule is "innocent until proven guilty. Both parents have shared custody, but, as the saying goes, "possession is 90% of the law.", but there is no law prohibiting an accused parent of unsupervised visitation, absent a court order.