Abuse - first course of action

[jbowman]

What is the name of your state (only U.S. law)? CA

My friend's son (16) was punched in the face by his father last night. My friend is planning on calling CPS this morning. I am wondering if this is the best course of action.

I told her he needs to be taken to a dr immediately to get it documented. Is there anything else she should be doing? She does not want to allow him access to the child after this has happened.

 

[mistoffolees]

What is the name of your state (only U.S. law)? CA

My friend's son (16) was punched in the face by his father last night. My friend is planning on calling CPS this morning. I am wondering if this is the best course of action.

I told her he needs to be taken to a dr immediately to get it documented. Is there anything else she should be doing? She does not want to allow him access to the child after this has happened.

I would do both - take the child to a doctor AND call CPS. She should also go to court for a restraining order.

 

[stealth2]

I'd likely go to the doctor and then the cops. Let the doc/cops call CPS.

 

[ecmst12]

Or just call the police. Do mom and dad live together?

 

[jbowman]

No Mom and Dad do not live together. They have been apart for years. The situation is really bad. Last summer Dad took 16 year old and would not allow him to return to mom's. Police couldnt do anything. It took the entire summer for her to get into court and she was unable to see her son all that time. They went back to court for contempt etc.

The custody arrangement was actually changed at that point to where Dad was primary. As soon as court was over and the order was changed, Dad stopped taking son. Except for Tuesdays. On paper, dad is primary, in actuality, mom has children (2) every day except Tuesday - which he barely does now.

Dad was driving son home (to moms) after football practice last night and punched him in the jaw in the car. Son is unable to open his mouth.

 

[mistoffolees]

No Mom and Dad do not live together. They have been apart for years. The situation is really bad. Last summer Dad took 16 year old and would not allow him to return to mom's. Police couldnt do anything. It took the entire summer for her to get into court and she was unable to see her son all that time. They went back to court for contempt etc.

The custody arrangement was actually changed at that point to where Dad was primary. As soon as court was over and the order was changed, Dad stopped taking son. Except for Tuesdays. On paper, dad is primary, in actuality, mom has children (2) every day except Tuesday - which he barely does now.

Dad was driving son home (to moms) after football practice last night and punched him in the jaw in the car. Son is unable to open his mouth.

Get him to the doctor immediately. Have the doctor call CPS. Call the police. File for an emergency restraining order.

 

[Ohiogal]

DO NOT CALL CPS. The child needs to go to the doctor and mom and the child need to file for a restraining order and police complaint.

 

[jbowman]

I am texting her this information.

I feel so bad for her. She JUST started a job after being unemployed for a year and a half. She is afraid to leave work and lose this job. There is no child support changing hands and she had to support the kids on unemployment for the last year and a half. She is calling the police at 11 am and making a dr appointment.

 

[mistoffolees]

DO NOT CALL CPS. The child needs to go to the doctor and mom and the child need to file for a restraining order and police complaint.

Curious - why not call CPS?

I realize that it's BETTER if the doctor or police call, but in a clear cut case where Dad punched a 16 year old hard enough that he can't open his mouth, what is the harm in Mom calling?

 

[birdbrain53]

I am in California. OhioGal is right.

Mom needs to take son to doctor. Doctor should call CPS. Mom can call police but really, CPS/doctor should call police. A police report should be made and Mom should immediately go file for a DV ex parte on behalf of her son. The Family Law Facilitator's or local DV group can help with the paperwork.

In Mom's filing she should ask for temp sole physical and sole legal. She should show the police report, doctor's diagnosis and tell the judge that although the custody order is Dad having sole custody, in practice she has de facto physical custody and wants it on the record.

As far as Mom not calling CPS, letting a mandated reporter do so removes Mom from accusations that she is trying to interfere with Dad's custody by calling CPS on him. His excuse might be that he was only "disciplining" his kid, and Mom doesn't have a right to interfere with that. If the DOCTOR (a party with no bias) calls CPS, then it's a much more serious accusation with a full investigation.

Yes, abusive Dads in California do accuse Moms of custodial interference and PAS quite a bit and are highly litigious if they make good money.

 

[mistoffolees]

As far as Mom not calling CPS, letting a mandated reporter do so removes Mom from accusations that she is trying to interfere with Dad's custody by calling CPS on him. His excuse might be that he was only "disciplining" his kid, and Mom doesn't have a right to interfere with that. If the DOCTOR (a party with no bias) calls CPS, then it's a much more serious accusation with a full investigation.

I understand all of that, but istm that Mom should still be ABLE TO if the doctor and police don't do it.

 

[Ohiogal]

Curious - why not call CPS?

I realize that it's BETTER if the doctor or police call, but in a clear cut case where Dad punched a 16 year old hard enough that he can't open his mouth, what is the harm in Mom calling?

CPS could possibly remove the child from BOTH parents. CPS does NOT have the power to override a court order. CPS deals with the situation of the child and NOT the actions of person. They are not about guilt but rather about the circumstances. In other words, if the child is abused then the child is abused but they do not determine WHO. It could end up with mom getting a case plan to work due to the fact that her child was abused on her watch.

the better bet is going to the doctor AND calling the police in addition to getting a restraining order against dad. That way the child receives the necessary care and protection.

 

[mistoffolees]

CPS could possibly remove the child from BOTH parents. CPS does NOT have the power to override a court order. CPS deals with the situation of the child and NOT the actions of person. They are not about guilt but rather about the circumstances. In other words, if the child is abused then the child is abused but they do not determine WHO. It could end up with mom getting a case plan to work due to the fact that her child was abused on her watch.

the better bet is going to the doctor AND calling the police in addition to getting a restraining order against dad. That way the child receives the necessary care and protection.

It sounds like Mom and Dad don't live together and Dad punched the kid during his visitation - so it wasn't really under Mom's watch.

In any event, the better option is to have the doctor and/or police call CPS - and then get to court for a restraining order and ask for sole custody if she doesn't already have it.

 

[Ohiogal]

It sounds like Mom and Dad don't live together and Dad punched the kid during his visitation - so it wasn't really under Mom's watch.

In any event, the better option is to have the doctor and/or police call CPS - and then get to court for a restraining order and ask for sole custody if she doesn't already have it.

I understand what you are saying HOWEVER that does not mean CPS will understand. They sometimes don't care. I know I tell my clients NOT to call CPS if there are other options because I have seen what happens when they do call -- they sometimes end up having the children removed from them.

 

[mistoffolees]

I understand what you are saying HOWEVER that does not mean CPS will understand. They sometimes don't care. I know I tell my clients NOT to call CPS if there are other options because I have seen what happens when they do call -- they sometimes end up having the children removed from them.

Seems strange.

In any event, I assume that either the doctor or police will call CPS in this case.