My daughter was 4 when she revealed some of the things her father did to her during visits at his house. Father was convicted of child molestation 1 degree. A lifetime nocontact order was setup and he was able to do the SSOSA program instead of prison time.Years went by and my daughter getting older. He contacted her through facebook and she was now interested in finding out who he was and wanted to re-establish a relationship.Knowing he went through all the steps of treatment/sentence, I agree to drop the no contact order.Its only been 18 months and he is claiming that I abuse her and is fighting for custody.He stated in his declaration that he was only caught masturbating by her. He may have gone to therapy but only to please the court. He truly has not come to terms with he did.
I imagine it would be difficult for a parent to convince a judge to allow the parent with parenting time a child against whom the parent is convicted of sexual abuse.
In fact, RCW 26.09.191 (Restrictions in temporary or permanent parenting plans) provides: "(2)(a) The parent's residential time with the child shall be limited if it is found that the parent has engaged in any of the following conduct: (i) Willful abandonment that continues for an extended period of time or substantial refusal to perform parenting functions; (ii) physical, sexual, or a pattern of emotional abuse of a child; (iii) a history of acts of domestic violence as defined in RCW 26.50.010(1) or an assault or sexual assault which causes grievous bodily harm or the fear of such harm; or (iv) the parent has been convicted as an adult of a sex offense...."
The statutes are at http://apps.leg.wa.gov/rcw/default.aspx?cite=26.09 .
If the judge believes both parents are unfit, eventually, the child will be placed with neither parent and with someone else.
You should review the specific facts with your attorney to find out your legal options.
From what you have said, it does not appear that your daughter's father ever lost his parental rights. I assume you have a parenting plan in place that sets out what if any visitation he was granted. Since there is no current no contact order, he can attempt to change the custody provisions of the parenting plan. It would be up to the Judge to determine if he is indeed "treated" and to determine what, if any visitation and or custody he will get. If you do not have an attorney, you should get one.
You need to get some consultations with family law lawyers. Many provide a free half hour or so consultation.
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