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My question involves child abuse or neglect in the State of: My daughter is being mentally abuse by her father and his wife. They have told her she tells anyone of any conversation they have with her she will get into serious trouble. Just recently she was treathened by her step-mother. She is terrified at this point to say anything to anyone of authority due to the threats from them. Should CPS be called in? She I get a restraining order against them?
This is on you - it's the guy you picked to be her father, and she's just a child. If you believe her concerns can be substantiated and warrant a modification of the present visitation or custody order, bring your motion.
You didn't share any facts about what has been happening, so we have no way of knowing if her claims (even if believed) would be something that CPS could address.
We have gone for custody and yes I did "pick" this guy to be the father as well as husband but didn't choose for him to mental abuse my child or me. He has decided since my child support is behind (due to loss of job) I can not see my child. Also, I believe what she says because its the same type of abuse he held towards his second wife and myself. After I divorced him he remarried and ended up in jail on domestic violence charges. Now, wouldn't his behavior in the past be cause for a order of protection? I child cps and they said restraining order should be first for fear he may take it out on my daughter if they come to his home. The one thing she is afraid of.
Why can't you go to court and enforce your visitation? Do you actually have an order for visitation?
Yes, there is an order for visitation. Everytime I go to court to enforce he still cont to get away with it and then the abuse gets worse with the child. He has an attorney and money, I don't.
How many times, over what period of time, have you actually filed for contempt or requested a change in custody BECAUSE he's withholding visitation?
How many times have you physically gone to get your child and he's refused?
(This may answer why nothing has happened - you're generally expected to actually turn up)
Contempt twice and showed up 6 times. The Sheriffs department here told me they will no longer show up to enforce in order of visitation. What people don't really get is its hard on the kids everytime the police and courts do nothing. That ray of hope is gone, atleast thats what my child tells me.
People "get" it more than you might realize.
That aside, what did you say to CPS that resulted in them telling you to get a restraining order? Didn't they investigate?
I let them know what my daughter has said. That she fears her father returning to his normal abusive behavior after they have left. He has a way of making u comply as she has done for years. They told me that if they went they would seperate the parent and the child and then go from there. I guess this is a more complicated situation, than just trying to figure out who to call due to the fact that dad hasn't use his hands to hit her :( which is what I am trying to prevent
I'm honestly not seeing anything to warrant any other action than calling CPS and letting them investigate.
If Dad gets physically violent, there IS recourse.
Thank you for your help :)