Legal Question in Family Law in North Carolina
Indecency with a minor daughter
A friend I met on computer has been trying to get her husband to leave so they could get a divorce. He's very mean and abusive to her and her five kids. He has blacked their oldest sons black eyes and swelled the oldest daughters lip hitting her. The mother, my friend, was scared to report him thinking the people would take her kids away. She's a good mom. Anyway, this dad showers with his 7 year old daughter regularly and the mom has protested and stopped it but he keeps on. She said he is very crazy and is very worried and scared. She said he doesn't do anything with the daughter but is there anything she can do. I told her I wished she would have taken the other kids to the hospital when he had hurt them in the past and maybe they would have locked him up. He won't leave and continues to be mentally abusive to her and just hollers at them all the time. Now, he acts like he is careful and doesn't hurt them where it shows up. What can she do? Its certainly not right for him to bath with a female child 7 years old. He's 39
1 Answer from Attorneys
Re: Indecency with a minor daughter
There are a number of options-none attractive. She can leave and then petition the court to allow her and the kids to use the home until things are settled. She can file a domestic violence petition and seek to have him removed. She can speak to DSS about her husband's conduct. There is a risk that the children may be temporarily removed but... The standard is "best interest of the child." What is the childrens' best interest? However, I may have an alternative solution to retaining an attorney at this point in time. These issues can be tricky and are often on-going and legal advice is imperative. If you or she would like more information, please e-mail me and I will send it out to you.
Either way, I wish you good luck.
Jim Griffin
Attorney at Law
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