How Child Sexual Offenses Cross Over To Custody Cases

How Child Sexual Offenses Cross Over To Custody Cases

Parents fight over child custody when getting a divorce. When parents cannot agree on the terms of the divorce, a divorce trial is often required. Child custody is managed through a separate hearing after the divorce is final. Under the circumstances, some parents present false allegations of child sexual abuse just to get child custody. Parents involved in a custody battle and accused of child sexual abuse need an effective Sex Crimes Defense for Child Molestation Charges.


Are the Allegations Investigated?


Yes, federal criminal lawyer are notified at any time child sexual abuse or similar allegations are reported. The agency must complete an assessment of the child, and the child undergoes a physical examination and an interview with a child psychologist. The findings are reported to the court by the agency. Typically, the parent reporting child sexual abuse receives temporary child custody until the investigation has concluded. The parent reporting child sexual abuse must follow PC 288 Statute of Limitations when filing criminal charges.


When There Is Evidence


If Chid Protective Services discovers evidence of child sexual abuse, the offender is charged through the criminal court and arrested. The outcome of the criminal case could influence the child custody case. If a parent is convicted of child sexual abuse, the opposing parent is within their rights to get the offender's parental rights terminated. However, the court doesn't terminate the rights if the conviction is for less than two years. Alternatively, the court might order supervised visitation with the offender. To learn more about the accused's rights contact an attorney about a Sex Crimes Defense.


When There Isn't federal criminal defense lawyer of child sexual abuse are also a crime. The parent that presented the false allegations could be charged with filing a false claim and face some jail time and a fine. The outcome of any criminal case against the parent could lead to a denial of primary child custody. federal criminal lawyer near me opposing parent could get sole custody in more extreme cases.


The Rights of the Child


If the child reported the sexual abuse or sexually-based crime, he or she has rights, too. Once it is determined that the child was abused, the child has the right to make decisions about where they live if they are at least 12 years of age. The child could petition the court to get the offender's parental rights terminated.


Child sexual abuse allegations are common when parents are fighting for child custody. However, the allegations must be substantiated for the claim to influence the family court, too. Anyone accused of child sexual abuse contact Sex Crimes Attorney Stephen Klarich now.


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