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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 85207
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Dad has substantiated molestation allegation reported

Resolved Question:

Dad has substantiated sexual molestation allegation reported by 7 year old daughter during bi-monthly visitation. (CPS, CAC, Police Department investigated.) DA declines to take case. Returns to PD for more investigation. Child is now required to attend supervised visits and is unhappy. What happens next? She is in counseling but is angry that no one is listening to her and disregards XXXXX XXXXX
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Ely replied 5 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.

Has the other parent filed for modification of the custody order based on the child being unhappy and traumatized by the visits, or not?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 5 months ago.


No, we were told that only the counselor can initiate a change by her recommendation. We have been accused of coaching her by the supervising agency. The child is very outspoken about the visits. She requests to end the visits but she is required to stay until the end. What are the chances that the perpetrator my be charged?

Expert:  Ely replied 5 months ago.
A,

This is not quite true. Any parent who has custody of the child may initiate a modification for custody.

A modification for custody would have to have the Petitioner show that:

1) This is "in the best interest of the child" In re Marriage of Burgess, 13 Cal. 4th 25 - Cal: Supreme Court 1996, and
2) That there has been a "change of circumstance" (and that the proposed change is in the child's best interests). In re Casey D., 82 Cal. Rptr. 2d 426 - Cal: Court of Appeal, 4th Appellate Dist., 1st Div. 1999.

Now, a change in circumstance can be anything and may include an expert testifying that the child is being hurt by the visits. If the counselor is not willing to do this, then a third-party expert may be hired to observe and testify on behalf of the parent, and impeach the counselor's testimony.

What are the chances that the perpetrator my be charged?

This depends on the prosecutor handling the case. They need a prima facie case (at first glance) of guilty to charge. As soon as they feel that they have enough, they may charge, but of course, I cannot predict when this would happen. I am sorry.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Use the reply button to keep chatting, or please rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correctt. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 5 months ago.


The supervising agency seems more interested in reunification. We are worried that the case will be dropped and he will return to unsupervised visits with more frequency than before. He was not interested in visitation until she reported him, so it appears that he has been directed to do this to show himself as a good parent, although he does not pay child support. (Does have a family support case)


 


We are just frustrated. Should we be in more contact with the investigator?


This has been pending for nearly 5 months.

Expert:  Ely replied 5 months ago.
A,

We are just frustrated.

Understand that the parent can bypass the supervisor and go straight to the Court. Only the Judge can make the decision for custody. The others are simply following the established orders. So you may be wasting your time arguing with them, anyhow.

Should we be in more contact with the investigator?

A casual email/call twice a month (nice, not mean, asking if there is anything new) is not a bad idea, to simply keep it on their minds to ensure that the case does not go cold. Other than that, nothing else is really necessary.

Gentle Reminder: Please use the reply button to keep chatting, or rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 5 months ago.


Full physical custody has already been ordered. It is the frequency of visitation and the fact that he may not be forced to attend at least sexual offender therapy. Even if he is not charged, since it is substantiated, will his name go into the registry of sexual offenders?


 


 

Expert:  Ely replied 5 months ago.
A,

Full physical custody has already been ordered. It is the frequency of visitation and the fact that he may not be forced to attend at least sexual offender therapy.

It is the Judge's decision and is at their discretion, I am afraid. So the fact that he was never charged/convicted likely works into the current order for custody. If he was, then, it would likely be very different.

Even if he is not charged, since it is substantiated, will his name go into the registry of sexual offenders?

I am afraid not - only if he is convicted in a criminal court.

Gentle Reminder: Please use the reply button to keep chatting, or rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 5 months ago.


Thank you for your help. Send good thoughts our way.

Expert:  Ely replied 5 months ago.
A,

You are very welcome. Good thoughts are in transit via an overnight carrier. Good luck, and please don't forget to rate my answer in one of top three faces and then submit – it is the only way I get credit for my time with you – or, please reply to keep on chatting – I want you to be satisfied.
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 85207
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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