Emergency Motion Denied last Month and now BM has been beat up by her BF and SS hit in process
Our last emergency motion and contempt of court for BM moving in with her BF with out notifying DH was denied last month. Judge stated if there was an emergency issue DFS should step in. Well the DFS caseworker quit so they closed the case they had open? How do they even do that. Also BM "moved back" 2 days before the hearing so they threw out the contempt motion. Of course they have continued to live together but we cant prove it.
Well yesterday SS was absent from school again. This morning BM brings him in and lets the principal know he may be distressed because he witnessed a fight between her and her BF. SS later tells the counselor that he was hit last night during thier fight. We dont know yet by who, but apparently he was watchin his BM get choked on the floor and went to try to stop it and in the process got hit. He told the counselor all of this so another hotline has been done.
Hope to hell DFS steps up and does thier fucking job this time. Wonder if there is any legal action that DH can take for them closing the case last time....and it resulting in further trauma and physical abuse to SS. Hell DH but 1 call from the caseworker last time, and never git records of anything and you think he would considering he is a joint legal parent.
So frustrating when a family court judge wont do his job passes the buck and it affects my SS or any child for that matter.
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What a mess. I am so sorry
What a mess. I am so sorry for your family. Praying that you get custody of that poor kid!
That is so sad for that
That is so sad for that child! And I am sure it is so upsetting and frustrating for you as well....Why on Earth parents have the "right" to ruin their kids lives is beyond me, terribly sad!
Okay, here's your chance.
Okay, here's your chance. Can you get counselor and/or principal to put in writing what was told to them by BM and SS? If you can get that in writing, I would go back to court with that proof. Or better yet if they can be subpoenaed.
I would not wait for DFS to step in.
If you don't do anything or delay too long the judge will not take this situation seriously.
I would not waste my time or energy trying to do anything to DFS about the fact that the case was closed. It sucks but it would probably be a waste of time.
I don't know your back story but I would focus my energies on getting SS out of that situation as soon as possible. I guess moving in with the BF is not enough for a judge to do anything or change custody. But hopefully the fact that SS was hit by BM's boyfriend is enough. And I don't say hopefully as if that's a good thing that SS was hit, but that hopefully it's enough evidence to show he does not belong with BM. If that is, if custody of SS is what you want.
we have motioned the judge on
we have motioned the judge on 2 occasions for emergency custody hearings regarding the safety with similar incidents. Not physical but medical neglect and educational neglect and the judge has told us 2 times point blank he does not do emergency hearings that is what DFS is for, even when he was told that the evidence showed that he was in immenent physical danger. He still would not hear it and set it for a final hearing that is set for the middle of summer. This is the 3rd time she has been hotlined and each time it is getting progressivly worse, we literally have no option other than to rely on DFS for his immediate safety.
Don't wait for custody court
Don't wait for custody court go get an emergency RO/OP. That doesn't require carp for proof at least until you go back in usually a month. It gets him out of the abuse NOW
We actually did exactly this.
We actually did exactly this. This man has 2 prior RO/ORP against him. We are now waiting for DFS to take SS "offical" statement so that he does not have to testify in court. The BM is now trying to deny even though she was the one that filed the assault charges. Luckily BM has signed a safety plan and he is in my DH care as of now.