Legal Question in Family Law in Oklahoma

Child Custody/Molestation

I am in the middle of a custody case with my ex-husband I have 4 children 2 before him and 2 with him it was recently disclosed that he Sexually Molested his step-son my biological son 7 years ago but not his biological children the DA in the state it occured is taking charges to the Grand Jury yet he continues to fight me for custody what are my chances of losing custody to him again? I have exhausted all my resources and have spent $10,000 and am another $18,000 in debt to attorneys so at this point can only represent myself, I am concerned about the children's best interest with their father and wonder what will happen if he is convicted? Does the custody case get dismissed or can he keep it going another 2 or more years? To top it all off my son that was molested during our marriage has been hospitalized for the last 5 months for severe trauma, attempting suicide, and molestation of his younger siblings which he is ordered to have no contact with...How do I put my family back together? Help!


Asked on 9/02/08, 12:49 am

1 Answer from Attorneys
Wayne Allison Allison Legal, LLC

Re: Child Custody/Molestation

Regarding custody, a court will be hesitant to totally split a child from its biological parent(s); however, the overriding principle courts follow is what is in the "best interest of the child." Keep this in mind in all you do and say to the court. A molestation conviction is certainly relevant and should be given considerable wieght by the court. The case may not get dismissed, but the court should not ignore these circumstances.

You should note, generally, courts are very hesitant to terminate parental rights. Courts recognize that a person, even in jail, may have some parental right, albeit perhaps small in respect of involvement.

If you have some evidence your son's health issues are the result of the prior molestation you should make this point to the court. You might also ask the court for direction to assistance in the form of therapy and counseling for your son.

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Answered on 9/02/08, 8:42 am


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