Results 1 to 5 of 5
  1. #1
    Join Date
    Aug 2017
    Posts
    2

    Exclamation Abuse Occurring at a Primary Residence in Another State, but Reported in My State

    My question involves child abuse or neglect in the State of: Florida (primary residence/where the current court order was finalized) and Texas (which is where I am located.

    I am dealing with a very drawn-out and complicated situation. I will try to keep it as brief as possible, however there is a lot of pertinent information so I apologize in advance if it gets a bit lengthy.

    In January of 2016 I reported concerns of child abuse to DCF in Florida. Two of my three children had come to me during Christmas break while visiting and confided in me that they were being grabbed by their necks, slammed into walls, and so-on by their mother's live-in boyfriend. Upon hearing these allegations I attempted to address them with my ex-wife, however she was unwilling to hear me or the children regarding the matter. They returned to her residence on time at the end of winter break, and I proceeded to contact DCF. The children were terrified to talk to the social worker, believing that if they did they were going to be a lot of trouble at home. Because they refused to talk to the social worker DCF closed the case and there didn't seem to be much more that I could do at the time.

    The children returned to me for their regular visitations after that time, and until now have been silent regarding any further issues. I received my children for summer vacation the second week of June this year and as soon as they arrived I knew that something was not quite right. My daughter, who is the oldest and 11 years old, was very withdrawn. She spent the majority of her day in her bed reading and requested to be left alone. My two youngest, ages 7 and 9 have been having minor bathroom accidents all summer and attempting to cover them up when they happen. My 9 year-old has been diagnosed with moderately functioning autism, and has been the most verbal and unfiltered when it comes to the actions that are happening to him. He even insisted that he call his mother to tell her what was going on and did so twice so far. Anyway, I was too scared to question the unusual behaviors as I in no way wanted to appear as though I was "leading" or "coaching" them. The two boys began confiding in my 12 year old step-son about continued abuse in their other home approximately two weeks ago. My step-son came to me with what he had been told, and then my oldest son decided to confide in me shortly thereafter. All three kids have now come forward and stated that they are enduring all of the same abuse as before, in addition to be placed into a cold shower when they have bathroom accidents, being slapped, and walls being punched right next to their heads. (That is the short list.)

    I contacted DCF here in Texas, they provided the report to Florida DCF, and when Florida DCF reached back out to me they yelled at me and told me that they were too busy to take a report from someone who was merely attempting to start a custody battle. I explained to them that I had already attempted again to speak to my ex-wife about the abuse but the same as before she refused to cooperate, help me to come up with a plan for our children's safety and well-being, or even hear the children out when they tried to tell her in their own words what has been happening to them. Still, the hotline operated continued to yell over me and then proceeded to hang up on me. I called Texas DCF back and they are now handling sending a social worker out to me within the next 48-72 hours. This is where it gets even trickier though because the children were supposed to be returned to their mother today. They all three spoke with two police officers this morning and recounted everything in their own words to the police officers during a welfare check (initiated by call to DCF). The police are unable to assist since the abuse is physically happening in another state. The children are scared to return and want to speak to a social worker here where they feel safe. Their mother is going to file a motion to enforce our current order in the morning, and while I would like to file an emergency motion to keep them here temporarily, I cannot seem to figure out the proper steps to do so.

    I am desperate and at a loss. I do not know which papers I need to file, which state I need to file them in, or if the Uniform Act to allow another state to take jurisdiction will apply in this situation. I have read and read, but it is all very confusing. I will not be able to afford to put up a retainer for an attorney for at least the next two weeks so I am stuck trying to sift through all of the information alone. Any information or guidance anyone can provide is greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Abuse Occurring at a Primary Residence in Another State, but Reported in My State

    If the children are in Florida, given that Florida issued the last custody order and is the state of their legal domicile, you will need to file for custody modification in Florida.

  3. #3
    Join Date
    Aug 2017
    Posts
    2

    Default Re: Abuse Occurring at a Primary Residence in Another State, but Reported in My State

    Thank you for responding. That's what I was afraid of. That would mean having to forgo an emergency order, file for modification, and the children will have to remain in that environment until our case is heard. It breaks my heart to think of them sitting over there being hurt, or being scared. Our judicial system is failing these kids.

  4. #4
    Join Date
    Apr 2013
    Posts
    23

    Default Re: Abuse Occurring at a Primary Residence in Another State, but Reported in My State

    Since you do have some time with them, you might want to consider getting them into counseling or therapy. The professional can then make the reports or recommendations and that will be more influential coming from them. Even if nothing changes, that will still be helpful to them in the long term.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Abuse Occurring at a Primary Residence in Another State, but Reported in My State

    Quote Quoting willow26
    View Post
    Since you do have some time with them, you might want to consider getting them into counseling or therapy. The professional can then make the reports or recommendations and that will be more influential coming from them. Even if nothing changes, that will still be helpful to them in the long term.
    Its too late for that. The children are already late in returning to the custodial parent.

    1. Sponsored Links
       

Similar Threads

  1. Custody and Visitation Issues: Mother Keeps Moving from State to State to Avoid the 6 Months Residence Law
    By cecollado in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 10-11-2013, 10:03 PM
  2. Background Checks: What Is My State of Residence
    By Peterpan710 in forum Employment and Labor
    Replies: 3
    Last Post: 05-23-2011, 06:23 AM
  3. Disability Benefits: How Does Foreclosure of Primary Residence Impact Transfer of SSI to Another State
    By Peaz in forum Social Security Law
    Replies: 1
    Last Post: 10-27-2009, 11:28 PM
  4. State Residence of Ward
    By **studentmother in forum Tax Law
    Replies: 1
    Last Post: 03-16-2009, 10:21 AM
  5. What is My Legal State of Residence
    By GabrielRodriguez in forum Immigration Issues
    Replies: 1
    Last Post: 12-04-2008, 09:38 PM
 
 
Sponsored Links

Legal Help, Information and Resources