Can You Get an Emergency Custody Order Over Scrapes and Bruises

My question involves a child custody case from the State of: Ohio, Hamilton County

I posted two months ago about my ex's boyfriend being involved in a DUI hit and run with my daughter and their son (along with mom) in the vehicle. He was charged with a DUI, a hit and skip, two counts of child endangerment, and later, a misdemeanor drug possession. Many thought that since BF is likely going to jail, this should be a moot question. However, in mid-September the police made a run out to the house after mom called and left a VM for her sister, which prompted the sister to think mom was in danger.

THEN, I found out on Wednesday last week that the police had been out on Tuesday for a well-check on the kids. I finally was able to get ahold of the officer who responded yesterday. Apparently a witness called and said that my daughter and mom's BF were outside, and my daughter was on her bike. BF was angry at her for not going fast enough. He yelled at her, and then shoved her, causing her to hit a phone pole and fall off of her bike. These scrapes are BAD. By the time the police got there, mom, BF and daughter were all saying that she fell off her bike and that he helped her up. However, that is not the story I got last Wednesday when I had her (before I found out that the police had been involved). When I noticed that she was banged up, I asked her what happened and she said she had been outside alone with her little brother, and he'd gotten in her way and she'd fallen off her bike.

The officer said he didn't really buy the story, but since no one was saying differently, he had no proof.

This is not the first time my daughter has come over with a litany of cuts and bruises, which she always blames on her younger brother. But now I am questioning everything. No adult (in my mind) is going to call the police if she really just fell off her bike. Also, combined with the fact that she has told my wife that she is afraid of the boyfriend because you never know what is going to happen when he is angry, and the fact that she is terrified to be alone with men - I don't know what to think.

She has been very conditioned to lie about the state of affairs at her house. She will never tell me when the police have been by (they are probably there about once a month due to domestic disturbances) and she covers everything up - because she is 8 and she is scared, I'm sure.

Do you think this is enough to get emergency custody?

I have called CPS twice now, and nothing was done the first time, not sure anything will be done the second time either. There is no witness statement, as the officer told me that nothing was put into writing when they were there. I have a voicemail into the responding LT. asking him if he can write a statement or contact the witness for one.

Please help. I don't know what to do and I am downright sick with worry.

Talk to an attorney about filing a private DNA (dependency, neglect, abuse case). That is possible. It needs to meet legal requirements but YOU can file one asking for temporary custody. You would also need to file a case plan requesting what mom would need to do to get back time with the children.