Hanke v. Hanke

615 A.2d 1205 (1992)

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Nature of the Case

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Facts

H and W were divorced, and W was granted custody of the parties' child. On March 15, 1991, hearings began to consider visitation. The court ordered unsupervised four-hour visitations on alternate Sunday afternoons from noon until 4:00 p.m. The court ordered H to submit to a mental health examination. DSS filed a Child in Need of Assistance (CINA) petition based on: (1) a report of sexual abuse of the child filed by W; (2) the child's disclosure of inappropriate touching by H; and (3) the results of a medical examination conducted after the report of the abuse. The CINA petition recommended that visitation be supervised, and concluded that H should not be alone with the child at any time during the visits. W moved out of state against court orders, and then court then transferred custody to H and terminated any child support. A Kentucky court ordered the child's custody changed to the Kentucky Department of Social Services. The child is currently in the custody of the Kentucky DSS while that agency investigates H. H has admitted sexually abusing his 11-year-old stepchild in 1986. At the time of the separation, W was pregnant with the parties' child who is the subject of this case. The parties separated as soon as W learned from the 11-year-old child that she had been sexually molested. Criminal charges of sexual molestation were brought against H. As part of the plea bargain for a suspended sentence in the criminal case, H agreed to, among other things, supervised visitation with the parties' child. W appealed.