How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask AlexiaEsq. Your Own Question

AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11698
Experience:  19+ Years of Legal Practice in Family law matters.
Type Your Family Law Question Here...
AlexiaEsq. is online now
A new question is answered every 9 seconds

a judge just denied our order to change the parenting or amend

Customer Question

a judge just denied our order to change the parenting or amend it to keep the child out of her fathers home after proof of sexual abuse & assault by a different county and the judge there said with out a doubt that it was sexual harassment and abuse and trusted the other judge after seeing the 3 CPS reports one of which states that that the fathers step daughter is going into dependency via CPS for rape and incest the second report physical abuse and the third a DV protection order.the judge also denied our request for a change of venue i would like to articulate more if someone can help were court ordered to return her by sunday at five i need help to protect her plz can some one help. she's scared and I don't won't to be forced to let her go back to a rapist / sexual abuser/pedophile. i'm calling all car's plz help me
Submitted: 2 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 2 years ago.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*

a judge Let's call him Judge A
just denied our order to change the parenting or amend it to keep the child out of her fathers home Understood.

after proof of sexual abuse & assault by a different county and the judge there (Judge B) said with out a doubt that it was sexual harassment and abuse and trusted the other judge (Is this a 3rd Judge? Judge C?) Were any of these judge's criminal court judges? Was the father prosecuted for rape? Sexual Assault on a Minor?

after seeing the 3 CPS reports one of which states that that the fathers step daughter is going into dependency via CPS for rape and incest the second report physical abuse and the third a DV protection order. It would certainly appear that there was plenty of evidence to show the father should not have unsupervised visitation, presume that HE is reported as being the perpetrator, yes?

the judge also denied our request for a change of venue i would like to articulate more if someone can help were court ordered to return her by sunday at five i need help to protect her plz can some one help. As you know, we are not permitted to represent visitors here, but can provide legal answers based on the general legal facts you provide here.

she's scared and I don't won't to be forced to let her go back to a rapist / sexual abuser/pedophile. The dad,right? How old is the girl? Has she stated (yet) that she has been abused?

i'm calling all car's plz help me
How long ago was the Denial?

I look foward to hearing back from you and I am SO VERY sorry for what is going on here. It is paining me, actually. Corruption, particularly when by the courts themselves, infuriates me. And when a child is the victim - it is unspeakable.
Expert:  AlexiaEsq. replied 2 years ago.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*

a judge Let's call him Judge A
just denied our order to change the parenting or amend it to keep the child out of her fathers home Understood.

after proof of sexual abuse & assault by a different county and the judge there (Judge B) said with out a doubt that it was sexual harassment and abuse and trusted the other judge (Is this a 3rd Judge? Judge C?) Were any of these judge's criminal court judges? Was the father prosecuted for rape? Sexual Assault on a Minor?

after seeing the 3 CPS reports one of which states that that the fathers step daughter is going into dependency via CPS for rape and incest the second report physical abuse and the third a DV protection order. It would certainly appear that there was plenty of evidence to show the father should not have unsupervised visitation, presume that HE is reported as being the perpetrator, yes?

the judge also denied our request for a change of venue i would like to articulate more if someone can help were court ordered to return her by sunday at five i need help to protect her plz can some one help. As you know, we are not permitted to represent visitors here, but can provide legal answers based on the general legal facts you provide here.

she's scared and I don't won't to be forced to let her go back to a rapist / sexual abuser/pedophile. The dad,right? How old is the girl? Has she stated (yet) that she has been abused?

i'm calling all car's plz help me
How long ago was the Denial?

I look foward to hearing back from you and I am SO VERY sorry for what is going on here. It is paining me, actually. Corruption, particularly when by the courts themselves, infuriates me. And when a child is the victim - it is unspeakable.
















Customer: replied 2 years ago.
I am in URGENT need of help/protection for my daughter. There isnt a STATE(washington) program that can help me. So I'm going to give you a brief synopsis, and I have documentation of everything. So maybe you or someone can refer me to someone or somewhere that can protect my daughter, because not even CPS can because of the joint custody parenting plan. -6/12/2011- my daughters father was arrested of RAPE 1, RAPE 2, and 2 counts of incest. These allegations started with his 5 year old step daughter, who specifically stated that her (12 years old) sister (my daughter) was there and saw it happen to her too. -My daughter, the 12 year old, said it didnt happen. So the investigation is still open, but he wasnt convicted. The 5 year old has been put in foster care for 2 months now, with CPS concluding the actions as "founded". My daughter, in therapy came out with certain things that have happened to her by her father. Hitting, showing her his genitals as he urinates in front of her, to name a couple. CPS, gave me a "safety plan" for my child (joint custody) to be with me while allegations were investigated. I didnt know that CPS wasnt a court document, so I got pulled to court by father stating that I was in breach of parenting plan, which was in same county we filed divorce, small community, all (judicial) are family friends with the fathers family. So, on 7/15 when I appeared in court asking for a continuance because I needed legal representation. They still litigated, commisioner thru out the CPS safety plan, stating "this isnt a court document" and it will go back to the original parenting (joint) plan. -$10000 later in attorney fees fighting to keep her safe. I had to pay a lawyer to represent me in King county, because out of 80 lawyers I contacted it was all a conflict of intrest when I divulged the names on the case/and county it was in. I had received a domestic violent restraing order in king county (due to another incident, with her father where it placed my child into state protection for 3 days). The Judge in King county looked at file and granted a two month protection order for my child (stating his actions as sexual assault,DV,and his false testimonies) pending on the modification of parenting plan in other county. -Today 8/31/2011- in court for modification of parenting plan, due to prior months incidences, and, first in formost for the safety of the other child (while her step-sister is safe in foster care, and she has a dependency case going on) that doesnt have state protection. So I am back in the small county court where ties run deep, and puting faith in the legal system to keep my child safe. Same commisioner that thru out the safety plan the first time, but this time we are coming back w/ another CPS open case, A king county protection order w/ intentions to modify the parenting plan for her safety. With four open cases against her father, a depency motion through the state to protect the step-sister, and w/ a DV protection order proving sexual assault, the commisioner of this small town county, didnt even read everything, misquoted the factual filed paperwork, and allowed the return of my daughter to his part of custody, which allowes her complete contact and put back in harms way. His two minute decision, didnt even for one second put the childs safety into play. I am supposed to return her to her father on Sunday 8/4/2011. She is so scared, I am so petrified for her, and there isnt anyone that can help me protect her because its a court decision. Please contact me if you have any idea's of what I can do, she cant be put back in harms way again. Brandy XXXXXX XXX-XXX-XXXX XXX-XXX-XXXX
Expert:  AlexiaEsq. replied 2 years ago.
Can you please respond to the questions posed? Thank you.
Customer: replied 2 years ago.
Yes - but no judge C same as judge as A. investigation still open & pending. Father is the predator. Daughter is 12yrs and yes admits he hit her and exposed him self and pee's in a bottle in the car while she is right next to him. but say's he never touched her or raped her.she is in sexual abuse therapy through CPS.
Customer: replied 2 years ago.
Yes - but no judge C he is the same as judge as A. investigation still open & pending. Father is the predator. Daughter is 12yrs and yes admits he hit her and exposed him self and pee's in a bottle in the car while she is right next to him. but say's he never touched her or raped her.she is in sexual abuse therapy through CPS.
Expert:  AlexiaEsq. replied 2 years ago.
OK,

I am in URGENT need of help/protection for my daughter. There isnt a STATE(washington) program that can help me. So I'm going to give you a brief synopsis, and I have documentation of everything. So maybe you or someone can refer me to someone or somewhere that can protect my daughter, because not even CPS can because of the joint custody parenting plan. Terrible.

-6/12/2011- my daughters father was arrested of RAPE 1, RAPE 2, and 2 counts of incest. These allegations started with his 5 year old step daughter, who specifically stated that her (12 years old) sister (my daughter) was there and saw it happen to her too.
-My daughter, the 12 year old, said it didnt happen. So the investigation is still open, but he wasnt convicted. Was he tried? Charged? Or is it just being investigated at this point?

The 5 year old has been put in foster care for 2 months now, with CPS concluding the actions as "founded". My daughter, in therapy came out with certain things that have happened to her by her father. Hitting, showing her his genitals as he urinates in front of her, to name a couple. Minds differ as to whether nudity is abuse. Many people go naked without it being sexual in anyway, so this may be a tough one.

CPS, gave me a "safety plan" for my child (joint custody) to be with me while allegations were investigated. I didnt know that CPS wasnt a court document,Ouch, yes, it certainly isn't a court order.

so I got pulled to court by father stating that I was in breach of parenting plan, which was in same county we filed divorce, small community, all (judicial) are family friends with the fathers family. So, on 7/15 when I appeared in court asking for a continuance because I needed legal representation. They still litigated, commisioner thru out the CPS safety plan, stating "this isnt a court document" and it will go back to the original parenting (joint) plan.
I guess there was no evidence you could submit at that time that there was anything illegal or abusive that he did, other than the allegations?

-$10000 later in attorney fees fighting to keep her safe. I had to pay a lawyer to represent me in King county, because out of 80 lawyers I contacted it was all a conflict of intrest when I divulged the names on the case/and county it was in. I do hope you are looking in more distant counties. You only need an attorney licensed in your state, not your county. Did this lawyer succeed in anyway?

I had received a domestic violent restraing order in king county (due to another incident, with her father where it placed my child into state protection for 3 days). The Judge in King county looked at file and granted a two month protection order for my child (stating his actions as sexual assault,DV,and his false testimonies) This sounds excellent. Aren't we still in the 2 months? or is this old and expired? pending on the modification of parenting plan in other county.


-Today 8/31/2011- in court for modification of parenting plan, due to prior months incidences, and, first in formost for the safety of the other child (while her step-sister is safe in foster care, and she has a dependency case going on) that doesnt have state protection. So I am back in the small county court where ties run deep, and puting faith in the legal system to keep my child safe. I don't put much faith there, sadly.

Same commisioner that thru out the safety plan the first time, but this time we are coming back w/ another CPS open case, A king county protection order w/ intentions to modify the parenting plan for her safety. I would think the mere investigation of criminal abuse charges against the father, along with the restraining order (which required a judicial finding of abuse), would suffice for merely a temporary (at least) stay of the parenting plan.

With four open cases against her father, a depency motion through the state to protect the step-sister, and w/ a DV protection order proving sexual assault, the commisioner of this small town county, didnt even read everything, misquoted the factual filed paperwork, and allowed the return of my daughter to his part of custody, which allowes her complete contact and put back in harms way. OK, has your lawyer discussed filing a Motion to Reconsider AND an Appeal? While asking for a stay of the parenting plan, with supervised visitation only, pending the outcomes?

His two minute decision, didnt even for one second put the childs safety into play. I am supposed to return her to her father on Sunday 8/4/2011. She is so scared, I am so petrified for her, and there isnt anyone that can help me protect her because its a court decision. Good lord.

Please contact me if you have any idea's of what I can do, she cant be put back in harms way again.
An Emergent motion of some kind - possibly a Motion to Recuse, as well, if the judge is family related to the father.
Brandy XXXXXX
XXX-XXX-XXXX
XXX-XXX-XXXX

Brandy, is your attorney still on the matter? Filing everything under the sun?
Expert:  AlexiaEsq. replied 2 years ago.
Brandy, one other thing: Psychiatric records - get them into court. If she is getting abuse therapy, I'd try to get those into court immediately. Preferably with a doctor's written opinion on her fear of more abuse from the father.
Customer: replied 2 years ago.
i have they dont care. if u saw the fax and that a judge or anyone would make her go back to live with him it would blow your mind . i need to find out how to overthrough the order or get alternate protection that over see's it. idea's...
Expert:  AlexiaEsq. replied 2 years ago.
Perhaps you missed it above, I know there is a lot up above to hash through. To over turn, you MUST do one of two things, both of which must be file within mere days: Motion to Reconsider and Appeal (to different things). You can't overturn otherwise - these are how you ask for that relief. Because Motion to Reconsider is generally going to be heard by the very judge in question, the Appeal should likely be done asap. It is not a remedy for Sunday (only an emergent motion to reconsider would be), but can be a remedy for stopping this in the future, which beats NOT stopping it in the future.

If you waive your right to appeal by allowing the deadline to pass, this Judge's incompetent decision will not likely ever come to light. You must preserve your right. Some people are willing to be in contempt of a Judge' s parenting Order, but that can be a worse choice sometimes, because then that person could be jailed, leaving their child totally without an ally, and can cause criminal charges for custodial interference against that parent. I'm also thinking, while you are awaiting a positive decision, if you have advised your daughter to call 911 the moment he becomes physically abusive (or sexually) - that could be a quick resolution to get her out of there, along with another restraining order. (Also, if there IS a restraining order in effect, that should supercede the parenting order and you should report him if he picks her up, as being in violation. He may end up incarcerated which will also prevent his visitation.)
Customer: replied 2 years ago.
Sorry but those answer's don't help I need something out side the box of ordinary I have 2 lawyer's and a prosecutor trying to help already. Just hoping for something they can't think of hence trying this site if u can help please do.Im trying to get someone to represent me and go before the appellate court for this atrocity.
Expert:  AlexiaEsq. replied 2 years ago.
Sorry but those answer's don't help You have not done them, so I don't think you can say they don't help. I need something out side the box of ordinary But I can only share with you LEGAL options - others may not be legal, and I am not at liberty with regard to those. I have 2 lawyer's and a prosecutor trying to help already. Just hoping for something they can't think of hence trying this site if u can help please do. Im trying to get someone to represent me and go before the appellate court for this atrocity. It now sounds like you are saying you DO now believe me when I say you must file an appeal, forthrightly - that is good - and with your two lawyers, they should have no problem getting that done.

Have you also considered seeing if this may be a media worthy story? When XYZ evidence of unfit/abusive parent is presented to a judge, and the judge does not take time to properly evaluate the matter, to the danger of the child... people get outraged... and policitians start squirming, and things can happen. Just another option, if you are looking for outside the box, and not of a "legal" nature (although not illegal either).

I can't cure your problem from this forum, and I am prohibited from representing you - and I can't change the laws, unfortunately - I can only share with you the options that exist, and I won't fabricate false options to make you feel better. If your lawyers that you mention are NOT willing to appeal for you, you CAN appeal it yourself. Parents do this ALL the time, if they can not or are not willing to hire a lawyer - study up your rules of court, make your motions / appeal, (study some practice books for samples of such filings, so you need not re-create the wheel entirely), and fight for justice here. You can do this, if you have to.

I hope this helps clarify for you.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely appreciate your abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An ACCEPT also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.



I do with you the best of success here.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney