Here's what parents don't seem to realize; in family court the default is that both parents have access to the children. After all, this is the person your daughter chose to be their father, warts and all. The only thing that is now different is that she no longer wishes to be married to him (or he to her- no idea who filed but it doesn't really matter). Courts are very reluctant to remove a child from a parent, despite what seems to be urban legend regarding yanking kids from loving homes for the most slight of reasons. The bar for "acceptable parent" is incredibly low. This guy might be the worst father ever, but had the relationship not ended, he would have been around the kids all the time, acting as he does now.
Generally speaking, if there is credible cause to believe that a parent is sexually abusing a child, courts will at least require supervised visitation, but the other parent has to ask the court to do so. IT doesn't happen automatically. A CPS investigation can take weeks, especially if the children are very young and poor historians. When allegations only surface during a custody battle and come from both sides, sadly, it only casts doubts as to who if anyone is telling the truth. 3 weeks may seem like an eternity, but it really isn't very long at all given the seriousness of the offenses and the case loads of investigators. IF the abuse is current and she has genuine concerns for the children's safety, she needs to file for a modification with the court. Nothing should be more important than the children's safety.
Generally speaking, if there is credible cause to believe that a parent is sexually abusing a child, courts will at least require supervised visitation, but the other parent has to ask the court to do so. IT doesn't happen automatically. A CPS investigation can take weeks, especially if the children are very young and poor historians. When allegations only surface during a custody battle and come from both sides, sadly, it only casts doubts as to who if anyone is telling the truth. 3 weeks may seem like an eternity, but it really isn't very long at all given the seriousness of the offenses and the case loads of investigators. IF the abuse is current and she has genuine concerns for the children's safety, she needs to file for a modification with the court. Nothing should be more important than the children's safety.
