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Ask LawTalk Your Own Question
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have a 13 year old son and a 11 year old step daughter and

Customer Question

I have a 13 year old son and a 11 year old step daughter and our daughter informed us of our son touching her private areas. The cops were contacted and interviewed my husband and I and basically told us it was exploratory but the case is still open I believe because they haven't talked to her. Is my husband at any risk of loosing custody if we remain married and the kids are in the same home?
JA: Since laws vary from place to place, what state is this in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No we are in a state of panic and probably should but their mother has made it clear she doesn't want them in the same house. We have put my son in counseling and the girls are with their mom in another state. We are both a military family.
JA: Anything else you think the lawyer should know?
Customer: The biggest fear is that a year from now she has orders from Germany and he thinks that is when she will fight us. There was no penetration of any sort also.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
I wanted to say the incident was a one time thing and happened 2 months again the detectives haven't even talked to my son and said they would have not even got involved if the mom wasn't being so persistent.
Customer: replied 1 year ago.
They said it probably wasn't going anywhere and that they would contact the DA and suggest nothing be done. CPS also was contacted and decided not to open a case.
Customer: replied 1 year ago.
It is my husbands fear that is driving us to consider a divorce and selling our home. Otherwise we were a fairy tale blended family.
Customer: replied 1 year ago.
Can any of this cause their mother to take the the girls to Germany with military orders against his will and ordered by the judge therefore giving her full custody.
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The simple fact that CPS did not bother to open a case, and give the age of the children, I see virtually no chance that a court would remove your husband's child from the home for any reason.

It is likely that the police will simply close the matter given the inaction by them in the 2 months since the incident.

You asked: Can any of this cause their mother to take the the girls to Germany with military orders against his will and ordered by the judge therefore giving her full custody. There is never a 100% guarantee of anything, but in my 30 years of practice, my expectation is that the mother will not be able to remove the girls from your home and remove them to a foreign country over this one incident.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 1 year ago.

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, and with the expectation that you would act similarly and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,