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  1. #1
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    Default Can a Parent With a History of Abusive Behavior Get Custody

    My question involves a child custody case from the State of: tennessee i am divorcing a man that has worked and lived out of state for the last 3 years. Ihave recently met a man who had been in prison for a failure to protect. His now ex wife beat his son while he was outside and the child almost died. He plead guilty to failing to protect because he was outside when it happened. He did his time and got out. He is not on parole or probation. He doesnt have any other records. He came home and lived with his mom and 6 year old son. The ex wife is still in prison for felony child abuse. My soon to be ex says i am endangering the kids if i bring him around the kids because he is a child abuser. Is there anything my ex can due about current bf if his only charge was a failure to protect?

  2. #2
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    Default Re: Can He Get Custody

    failure to protect is not a valid charge for a person simply being outside of the home when the children inside are being abused.

    It requires knowledge of the abuse and then failing to act to protect the children. There is a huge difference between those two situations. Granted, it does not claim the man was actively involved in the abuse but it does show he allowed the abuse to take place. That strongly suggest a possibility of that person has been involved in abusing the child at some time. A person who does not object to abuse often fails to do so because they are also abusers. In my mind, even more so especially given it was the husband charged with a failure to protect. While a woman often argues she feared retribution from the man should she report the abuse, it is much more difficult for a man to make that argument in most situations.

    so, to answer the question;

    maybe

  3. #3
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    Default Re: Can He Get Custody

    Let me clarify a little. First off i looked it up and there are articles online about his case. The judge says he believes she did it sinve she cjanged her story too many times. The problem came about when she was pregnant at the time and he went back to live with her at the time of trial. His lawyer advised him not to and told him that they got her thats all they wanted. The kudge also quotes that since he decided to follow in her footsteps he jad no choice but to send both away. See he felt responsible because he was home. The child that was abused was his he had full custody of. It was her step child. He had never been in trouble before this. He now.has custody of his 6 year old that he had with her. I think he knew she was a ticking time bomb but he didnt think it would be against the kids. I know it is rare for.the fayher to be charged with this but he was 19 and stupid and says the only reason he went to her during all of this was because of the pregnancy. Ive done my research on the case and never took his word. Had i not found the article where the judge talks about it i wouldnt have given him the time of day. I wasnt exactly clear on howw the law views this charge ive even talked to the police cheif who pulled his record there is nothing on him but this. On her there is a different story my thought was he wouldnt have custody of his son if he was a danger but i could be wrong. Thanks for the insight as i have never even had a speeding ticket i know nothing about the law.

    - - - Updated - - -

    The day it happened she came out and told him the child fell in the tub. She told him he was ok and she was going to put him down for a nap as they were haveing a dinner with his parents. He didnt get off the lawnmower to check on him. He took a shower and his parents arrived they ate and his dad went to see the child thats when he saw him and rushed him to er he had severe head trauma he was told he should have checked on thethe child immediately but he didnt. He said i am guilty he says looking back he should have seen the signs there were instances that were suspecious but she always had an answer for and because i just took her word for it i should have checked on him before i did instead of waiting an hour

  4. #4

    Default Re: Can He Get Custody

    If your BF went to PRISON over ANYTHING having to do with his children, then yes, your ex stands a better than average chance of taking the your children away from you if BF is in the picture.

  5. #5
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    Default Re: Can He Get Custody

    The day it happened she came out and told him the child fell in the tub. She told him he was ok and she was going to put him down for a nap as they were haveing a dinner with his parents. He didnt get off the lawnmower to check on him. He took a shower and his parents arrived they ate and his dad went to see the child thats when he saw him and rushed him to er he had severe head trauma he was told he should have checked on thethe child immediately but he didnt. He said i am guilty he says looking back he should have seen the signs there were instances that were suspecious but she always had an answer for and because i just took her word for it i should have checked on him before i did instead of waiting an hour
    that is not what failure to protect is. Having knowledge of abuse and failing to take action is a failure to protect. In the situation you describe, he would not be guilty of any crime let alone a failure to protect. Failure to protect means he had reason to believe the child was being abused and simply did nothing to prevent it. That is not what you are describing. I suspect there is a lot more to the story than what you have been told or are relating here.

  6. #6

    Default Re: Can a Parent With a History of Abusive Behavior Get Custody

    Quote Quoting pammy101
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    His now ex wife beat his son while he was outside and the child almost died. He plead guilty to failing to protect because he was outside when it happened.
    Him simply being outside wouldn't be anywhere NEAR having a failure to protect charge. Him GOING outside while the beating was occurring, certainly could. Two very different things, with such a simple change of wording.

  7. #7
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    Default Re: Can He Get Custody

    Quote Quoting jk
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    that is not what failure to protect is. Having knowledge of abuse and failing to take action is a failure to protect. In the situation you describe, he would not be guilty of any crime let alone a failure to protect. Failure to protect means he had reason to believe the child was being abused and simply did nothing to prevent it. That is not what you are describing. I suspect there is a lot more to the story than what you have been told or are relating here.
    I kind of get the impression that the "failure to protect" conviction was more due to the fact that he moved back in with her while awaiting trial, than for what happened that caused the trial. However, the fact that he does have custody of his own child does tend to indicate that the courts do not deem him dangerous to children.

    Does that mean that dad cannot make a big, expensive stink about it and maybe win? No, it does not. It merely lessens the odds for dad a bit.

  8. #8
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    Default Re: Can He Get Custody

    llworking;655962]I kind of get the impression that the "failure to protect" conviction was more due to the fact that he moved back in with her while awaiting trial, than for what happened that caused the trial.
    well, when the OP says it was specifically due to the actions of the father at the time of the abuse, I see no reason to doubt her. Moving back in after the incident, if there were no further incidents, would not justify a failure to protect either.




    Once the child is However, the fact that he does have custody of his own child does tend to indicate that the courts do not deem him dangerous to children.
    obviously there is some truth to that but I have seen too many situations where there is child abuse where if one parent is truly ignorant of the situation, they do not get charged with failure to protect. It requires at least a belief there is abuse and willfully failing to intercede on the child's behalf. More often than not, if they know of the abuse and do nothing, they are often a participant themselves.


    Courts do make wrong decisions sometimes. We had one in my area where a child was returned to the home after suspected abuse. The next time the parents were in court was for causing the death of the child. The courts were right the first time. They just couldn't prove it.

  9. #9
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    Default Re: Can He Get Custody

    Quote Quoting jk
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    well, when the OP says it was specifically due to the actions of the father at the time of the abuse, I see no reason to doubt her. Moving back in after the incident, if there were no further incidents, would not justify a failure to protect either.





    obviously there is some truth to that but I have seen too many situations where there is child abuse where if one parent is truly ignorant of the situation, they do not get charged with failure to protect. It requires at least a belief there is abuse and willfully failing to intercede on the child's behalf. More often than not, if they know of the abuse and do nothing, they are often a participant themselves.


    Courts do make wrong decisions sometimes. We had one in my area where a child was returned to the home after suspected abuse. The next time the parents were in court was for causing the death of the child. The courts were right the first time. They just couldn't prove it.
    I have a bit of a problem tarring someone with the abuse brush when they were not even present inside the home when the abuse happened...which is likely why this particular person was not charged with abuse or neglect, but instead the lesser crime of failure to protect.

    I also completely disagree with the bolded statement.

  10. #10
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    Default Re: Can He Get Custody

    .
    ;655977]I have a bit of a problem tarring someone with the abuse brush when they were not even present inside the home when the abuse happened..which is likely why this particular person was not charged with abuse or neglect, but instead the lesser crime of failure to protect.
    the problem though is that to charge that, the defendant would have to have knowledge of abuse. OP claims BF was totally ignorant of the abuse.


    If this was a first time incident of abuse, the father would not have been charged with anything unless he had actual knowledge. Apparently the DA believed the father was somewhat culpable hence the charge.

    I also completely disagree with the bolded statement
    be my guest to believe what you will. I have seen it too many times to believe otherwise.

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