Legal Question in Family Law in California

Protecting Child from Mothers Abuse

My Step child has been sexually abused by her mom.The mom has 50% legal no physical and supervised visits every other weekend. CPS has an open case with my step daughter regarding this abuse yet can not act until my step daughter comes forward. CPS is also involved with the mom's other child over domestic violence. The mother has failed all drug tests given by CPS and is noticeably high during exchanges. Visits have been refused because of this but the supervising officer claims no real cause and allows visits to go forward. My step daughter came back from the last visit with another sexual abuse claim, ''Mommy touched my private parts''. The court has disregarded the therapists recommendations of no visitation unless supervised by ATTCA and instead appointed the mothers sister as supervisor. Obviously there is no supervision. We can not afford attorney cost nor investigator fees. What forms can we file to bring this before the judge? What are the penal codes for this kind of abuse? How can we keep these visits from happening without being held in contempt? Please help us find a way to keep her safe she is only 7 years old and has already been admitted to the psychiatric ward 2 times.The mom won't consent to further therapy.


Asked on 12/13/04, 11:10 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Protecting Child from Mothers Abuse

The tone of your inquiry, and the content if the inquiry indicates that this child is the victim of a high conflict custody and visitation situation. The best approacy would be for the parents, and step parents to participate in joint counseling to develop method of working together for the benefit of the child. The lack of action on the part of CPS indicates that there is a lack of compelling evidence.

Further how did mom molest the child when the visit was being supervised. This statement indicates that the child is providing information which she thinks that dad and the step mom want to hear.

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Answered on 12/17/04, 8:47 pm


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