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Posted

If found guilty by CPS of abuse but not charged in criminal courts, will that parent receive equal custody? What restrictions will likely be applied?

Posted

If there’s a history of abuse supervised visitation may be ordered but it really depends on the severity of the abuse, if parenting classes were taken, where the child resides, etc

 

There’s a lot to consider.

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Posted
If there’s a history of abuse supervised visitation may be ordered but it really depends on the severity of the abuse, if parenting classes were taken, where the child resides, etc

 

There’s a lot to consider.

 

No action was applied at the time. Assuming judge will give abusive parent equal custody? That seems unwise though...

Posted
No action was applied at the time. Assuming judge will give abusive parent equal custody? That seems unwise though...

 

I'm no family law guy, but I can't see why the findings of CPS would be inadmissible. It would then be up to the judge to determine what weight to give it.

Posted

If no action was taken at the time it may not be severe enough for a judge to change the custody order.

 

Is this your ex?

Posted

It's really too difficult to judge on a vague description. It's going to depend on all the details.

 

It doesn't necessarily have to get a criminal conviction for supervised visitation to be ordered. But we can't possibly predict what might happen in any specific case.

Posted
If found guilty by CPS of abuse but not charged in criminal courts, will that parent receive equal custody? What restrictions will likely be applied?

 

Like asking if I throw a pitch over the plate, how far will the batter hit it? Going to vary from judge to judge...

 

Mr. Lucky

Posted

My ex-husband was convicted for assaulting my eldest son (his step son), the family courts had no problem with allowing him unrestricted access and custody of our (my youngest) son afterwards. They believed he wouldn't hurt his own son.

The abuse continued and caused a lot of trouble, our son had a terrible time with his behaviour and missed a lot of school. He was eventually diagnosed with PTSD....however he did walk out of his father's place one day when he was 12 and walked all the way to my place, refusing to ever go back to his dad's, so he started to get the help he needed then. What a battle!!

  • 2 weeks later...
Posted

Therr are far to many things to consider as well as other arguments to be brought up regarding other issues. My ex was negligent with medical visits among other things and it was still a battle.

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