Q: Is the judge likely to rule based on the CPS report?
I have an existing child custody agreement but after my sons december visit to his dads he came home and told me he was sexually abused buy his father 4 times. I filed a motion to modify custody and filed a police report. The judge ordered a CPS investigation and has the findings. I was told by CPS to keep my son with me because of the nature of the crime but I am worried that I will be charged with contempt for this even tho im just trying to keep this from happening to my son again. My question is is the judge likely to rule based on the CPS report and what is the likelihood of me being held in contempt and what would a contempt charge mean for me.
You can file a Motion to Modify Custody and explain to the court why you kept your son and ask the court to change custody to you as dad is assaulting the child. However, you want to be sure the sexual assault has been substantiated or the court is unlikely to change custody without some other material change.
If CPS, the police, and/or the medical professionals found sexual assault then it is unlikely Court will order the child back to dad or contempt.
Normally withholding your child with a good reason will not get you contempt of court. The main sanction for contempt ( withholding with a good reason) would be make up time to the father if no sexual assault was found.
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