sole custody/abuse

[Anjelita]

What is the name of your state (only U.S. law)? PA

X husb. finally rec'd sentencing on criminal case involving my son (abuse).
He plead guilty and took a deal:

Endangering the welfare of children by parent/guardian - 5 years probation
Simple assault - 5 years probation
Recklessly Endangering another person - dropped
Aggravated assault - dropped

What does this mean for my upcoming custody case? Son has not seen father since Aug 09' at supervised court house visits. I'm seeking sole custody. Is there a chance my son's father will ever get unsupervised visits with him again? What does this mean for the CPS case? He was appealing the findings, CPS judge was awaiting the outcome of the criminal case. Does this mean that he can't protest the CPS findings?

 

[LdiJ]

What is the name of your state (only U.S. law)? PA

X husb. finally rec'd sentencing on criminal case involving my son (abuse).
He plead guilty and took a deal:

Endangering the welfare of children by parent/guardian - 5 years probation
Simple assault - 5 years probation
Recklessly Endangering another person - dropped
Aggravated assault - dropped

What does this mean for my upcoming custody case? Son has not seen father since Aug 09' at supervised court house visits. I'm seeking sole custody. Is there a chance my son's father will ever get unsupervised visits with him again? What does this mean for the CPS case? He was appealing the findings, CPS judge was awaiting the outcome of the criminal case. Does this mean that he can't protest the CPS findings?

Well, he cannot really protest the CPS findings when he plead guilty to the criminal charges.

He plead guilty to assaulting the child. One would hope that the judge would not consider unsupervised visits, but no one can predict for sure what is going to end up happening.

 

[Anjelita]

Thank you so much, my son's only 9, I don't want to go the next 9 years fearing that he'll ever be left alone with his father again, I'm crossing my fingers that the Judge sees it the same way.

Is there anything I can do on my part to prepare for the custody case? Letters from school? Therapist, etc?

 

[CJane]

Are you remarried?

 

[Anjelita]

update

No, not remarried yet, been engaged for nearly two years, but my x husband is dragging out the divorce (we've been separated since 03') so it should not be much longer.

I just rec'd a letter from the DA:

"Please be advised that the defendant in this case <NAME>, plead guilty to Simple Assault and Endangering the Welfare of a Child on 4/7/10, and was sentenced on the same date to a total of 5 years reporting probation. While on probation, the defendant is ordered to maintain employment, attend anger management counseling, attend parenting classes, and undergo mental health treatment if an evaluation determines it necessary. <NAME> is not to have any negative contact with you." etc etc etc.

Will he still be able to get supervised visitation right away?

 

[Proserpina]

No, not remarried yet, been engaged for nearly two years, but my x husband is dragging out the divorce (we've been separated since 03') so it should not be much longer.

I just rec'd a letter from the DA:

"Please be advised that the defendant in this case <NAME>, plead guilty to Simple Assault and Endangering the Welfare of a Child on 4/7/10, and was sentenced on the same date to a total of 5 years reporting probation. While on probation, the defendant is ordered to maintain employment, attend anger management counseling, attend parenting classes, and undergo mental health treatment if an evaluation determines it necessary. <NAME> is not to have any negative contact with you." etc etc etc.

Will he still be able to get supervised visitation right away?

It's possible, yes. It's also possible that if supervised visitation goes well over a long period of time, that Dad will eventually get unsupervised visitation.

 

[Anjelita]

Update

I just wanted to give an update on this case. We had a custody trial on 5/10/10. It was a crazy day in court, my x husbs atty came over to me and said "it looks like my client is giving up, perhaps you can encourage the visits - psh!)

Judge said that under section 5303B she could not grant ANY (even supervised visits) to father until father has been evaluated by a "qualified professional" (then that professional has to testify that he wont cause any physical harm) and attends parenting classes, anger management, therapy etc.

Next court date is 9/20/10, and will only go forth if x husband has completed all requirements.

Problem is, says my atty, that there is $0 state funding right now for the classes etc. my x husband has to take. So I am crossing my fingers that he is not persistent enough with the agencies that need to do the evaluating (Judge appointed an agency).

My question is: All of my family has moved out of state. I would like to move out of state if xhusb fails to meet requirements.

How long do I have to wait to see if my xhusb will actually start/complete all of the requirements before I can leave? Rather, how do I go about legally leaving the state?

 

[AkersTile]

You will have to double check that your court order does not say anything differently, however, generally you can serve Dad with a Notification of Intent to Relocate. Also file it with the court. Dad would have 30 days to respond (someone correct me if I'm wrong). If he doesn't respond, you can move. If he does, then you need to go to court over t and prove why it is your son's best interest to move.