HANKE V. HANKE
615 A.2d 1205 (1992)
NATURE OF THE CASE: Mary (H), appealed an order that granted Dan (H) overnight visitation
with their young child.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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