Legal Question in Family Law in Indiana

Trying to keep my children safe

My younger two children (ages 4 and 6) reported that their older brother (age 13) touched the 4 year old in a sexual manner while having visitation with their father. Our oldest child lives with his father, due to his mental issues and his trying to hurt and once even trying to smother the 6 year old. I reported the incident to our family dr, who then turned it in to CPS. We had an appt. there this morning and I don't think they're going to do anything about it other than call their father and tell him to supervise them more closely. Is that all that can be done?

Also..their father is well aware of all the problems we've had in the past with our oldest child and knows that he's supposed to closely supervise them.

Lastly...is it legal for a parent to sleep nude with their children (opposite sex) in the same bed? And to take showers with them?

As a Mother, I just don't understand that our children must continue to be placed in harm's way. Please help if you can.


Asked on 10/28/04, 1:42 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Trying to keep my children safe

Regardless of what CPS does, if the father does not agree with you that he should only visit when the older boy is not there, then you need to petition the court to modify visitation (or parenting time) and ask for an emergency suspension of visitation due to the problems. This is not something that will resolve itself with the intervention of CPS - unless of course the boy is removed from the father's home, and will work only so long as he is gone. You need to go back to court.

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Answered on 10/29/04, 11:16 am


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