Daughter as Witness (part II)


#1

From your previous posts, if I understand, you have primary custody…your ex took the children and kept them for 3 1/2 months. There was domestic violence during your marriage but charges were not filed even though you documented. You have had the children since Jan. and sometime in July your daughter reported to you an abuse occurance to her while they were with their father because she was afraid that they would have to go back to his care. The abuse that she reported happened to her was exactly like one that you were a victim of during your marriage to him, the children witnessed this abuse. So, you called DSS and they opened an investigated on you, but though they talked to him they not able to do anything due to him living in Alabama. He has now filed for custody and child support for the 3rd time, you believe in retaliation to your accusations of abuse.

I have one question…how would reconciling with this man who is abusive to you and your children help protect them?

I don’t know what to suggest to you …Child abuse, to my knowledge, is illegal in all 50 states. I don’t know for certain but I would like to think that there is some way that they can protect a child in one state from abuse in another state.
I believe that, as Golfball posted previously, it would be up to the judge to decide if testimony from your daughter is heard on this matter if you are allowed to bring it up in court.


#2

Your question was whether your daughter could testify. I didn’t see your other post about the domestic violence and other issues when I responded. I answered the question that was asked.

I’ve seen your other post and agree with Golfball that it will be in the discretion of the judge. He may ask to speak to your daughter in his chambers and then make his decision based on that conversation.


#3

Jllb and stepmother:

What you both should know is that there ARE extenuating circumstances. Also, I have been told that I am not allowed to mention what happened when they were in the custody of their father who is in another state (refresher: he took them without anyone’s knowledge or permission and didn’t allow them any goodbyes to anyone or anything. Futher, it is important to know what happened while my children were in his custody because they were hurt badly (physically and emotionally) but I am not allowed to mentioned these things because “I wasn’t there and it would be heresay”. Therefore, I have NO CHOICE. She is the only one who can say what happened without it being heresay. I DO NOT want to “put her through that” but I would rather have that happen than risk a repeat of what occured before -should I lose custody. You all should know that I have done EVERYTHING in my power to keep this out of court from reconciling to a stabilization plan for the kids to working it out between us by consent order…ALL to protect the children. Although I am being sued for custody, “Dad” has had nothing to do with the children since August of 2007. Prior to that, he had very little! My daughter is ASKING me to testify because she is worried that she may have to go to him.

Again, I do not know how to reply to a topic already posted and answered so I apologize for the redundancy. Please refer to “daughter as witness” previously posted. If you all feel that this is a bad idea----what are my alternatives?