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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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I have a court order from DE setting out visitation .

Customer Question

I have a court order from DE setting out visitation for Father. I violated the order based on suspect of sexual abuse. After I stopped sending her to her father, DCF in MA came in the picture and is currently investigation. Father had filed contempt of order in DE which I have to probably appear in court for. Me and my daughter been living in MA for 2 years but the order is from DE. Technically MA is child's homestate. I filed complaint to modify foreign decree IN MA and the MA judge said he will talk to DE court judge to discuss jurisdiction. Can I lose custody of my daughter?
Submitted: 2 years ago.
Category: Family Law
Expert:  Samuel II replied 2 years ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.Generally on a contempt for good reason - which you appear to have with your concerns of abuse - there is no change in custody. I suggest the worst that can happen is the court will award the father his time and maybe a few extra days of your time for punishment.
Customer: replied 2 years ago.
Does court of DCF regard and get concerned when a 3 year old herself is telling how daddy hurt her (while hitting her privates). She also at one time asked me to lay on my stomach and then she made a big saliva and came right in the middle of my butt and spit on it. (I was wearing clothes ofcourse). RIght after spitting she stood up and seemed to be confused and upset and said "mama I want my pants on. She was wearing shirt and a diaper. Me and my aunt would start recording after we noticed a pattern of her saying odd and alarming things. I took her to child psychologist who clearly said she is concerned and these are very specific behavior to spit in the middle of the butt. But she messed up big time by not reporting to DCF. She started watching out for herself because she did not take dad's consent before seeing my daughter and was worried what if court will interrogate her.
When I refused to send daughter to dad's in June, he contacted police to help visitation, is when the police called me and I explained the officer, he then filed 51-A with DCF.Her dad is trying to prove that I am not doing good co-parenting and creating issues between father-daughter relationship
Expert:  Samuel II replied 2 years ago.
HelloYes, I suggest that court will take all of that into consideration and you can present any and all witnesses you need to show what their expert opinions are in this matter.
Customer: replied 2 years ago.
thanks. hopefully last one.I have recordings in which she is not wearing diaper. As I start to change her diaper she 50% of the times says daddy give her booboo. In one time she started fingering herself saying faster faster faster (which was VERY disturbing to me) So I then stared recording because her dad everytime got away with abusing me and now I want to protect my daughter if he is abusing her. so my question is, can it look negative on me that I am video recording my daughter her knowing that she is being recording exhibiting such behavior?
Expert:  Samuel II replied 2 years ago.
HelloI suggest not. And that you will want to present that to the child therapist or then can consult with the DCF.
Expert:  Samuel II replied 2 years ago.
They have experts who are able to determine if the child is doing these things unprovoked by you and as a reflection of any type of abuse.