Child custody dispute and allegations of sexual assault while under care of ex wife, procedure under CA state law

Asked about 6 years ago - Walnut Creek, CA

I have been divorced from my wife for the last 7 years and have had custody of our daughter since that date. In Decemember the EX filed for custody of our daughter and in March she was granted an extra weekend of visitation and the Judge told us that we should try this. I have since filed to have the custody revert back to the prior orders. I have found out since filing that i can request Minors counsel and that i should also request that our Daughter be ordered to see a rape counselor. I informed her attorney of these requests in writing and now their are trying to surpress this claiming that there is no proof or evidence.

My daughter was sexually assulted while under the care of my ex-wife. The person responsible for this was a friend of my ex-wife and happened at his house while she was sitting is his yard less then 50 feet from this. I came to find out that he was being investigated for the same acts on another 3yo child but when she was interviewed they could not build a case on her alone. Due to the video interview that the police and DA recorded he plead guilty to a Lude or Lacivious act with a minor under 14 on two counts. The perp was released after 6 years, My daughter now 11 is worried about this in the last several months has voiced those concerns with me.

I want to get my daughter the help she needs as well as to stop her mother from dismissing the fact that this has happened and that i still have concerns with my childs saftey when she is in her care. I believe my Ex-wife had prior knowledge that he was being investigated for the acts on the first child before our daughter was attacked.

Attorney answers (1)

  1. Marshall William Waller

    Contributor Level 15

    1

    Lawyer agrees

    Answered . You haven't actually asked a question here. If you can prove the things you discussed in your "question" you should go get an experienced family law attorney and get this information in front of a judge, who should be able to help your child. Good luck.

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