What can I submit as evidence to the sexual molestation of my 2 daughters by their step dad with no witness or physical evidenc: There is, however, plenty of mental and emotional damages that myself and my daughters are suffering from this betrayal. We are all going through therapy with severe behavior changes and difficulties in my home.. DSS has substantiated it as well as the Child Sex Abuse Clinic that examined and interviewed them. The abuser retained a lawyer before police could question him so I'm told there is NOTHING they can do to charge him? My husband has bipolar and panic disorder and Has been in therapy and meds for awhile. Could his mental illness help me in this case?? Can I include neglect since the police came over months before because he left the 6 y/o alone in the house and then couldnt find her (she was with me).
Mark's answer: If DSS has substantiated the abuse, you can get their records. You just have to file a motion for their records. Different family court judges have different approaches to these motions. So know your judge and do what is required. You really need a local family law attorney if you don't have one.
My b/f is married to a woman who is incarcerated- they haven't had contact in over 1 yr. Would that be considered separation?: My boyfriend impulsively decided to marry his girlfriend who was set to go to court two weeks later for felony drug charges. Needless to say, she was convicted of 3 years in prison (she had a prior felony drug charge), and it took all of 6 months for them to mutually agree it was time to separate. Now he is doing great, has started his own roofing company and has not talked to his "wife" in over a year and a half. We have been living together for 2 years and we're ready to get engaged. She said at that time that she would file for a divorce in prison because it is FREE and almost a year and a half has gone by without her filing for a divorce. What should he do and have they been legally seperated for a year since she is incarcerated and they haven't had contact? Please help, Thanks!
Mark's answer: He should file for divorce ASAP. I do believe he should hire an attorney to assist him. I have posted an article below on why you should not Do It Yourself!
Is this considered parental alienation and can I successfully fight it: I have a thirteen year old daughter. Her father has custody of her. In 2003 the new York courts set forth a visitation schedule for myself and her father, he then moved to NC and disappeared. I did not hear from him for several years and, as i was living in GA, was unable to file in NY for contempt. Through the years he has allowed her to spend time with my mother, who lives in NJ. I have kept contact with my daughter through my mother, sending Christmas gifts, clothes and money for my daughter through my mother. My daughter now has had to resort to sneaking a friends cellphone to contact me because her father refuses to allow her contact. I did reach him through his father and told him I intend to enforce the order. I have a six bedroom home and there is a place already set for her
Mark's answer: I posted a link below that explains parental alienation. The conduct you describe very well may fit that definition. The big issue as I see it is that you need to enforce your rights and possibly seek a modification of the child custody order. Since no one now lives in NY, you can not only file to enforce the order in NC, you can seek its modification in NC. I urge you to speak to a licensed NC attorney for assistance and next steps. If you are still in Georgia, it might be possible to file there as well (You would need to speak with a Georgia attorney).