I would like to file Emergency custody papers

[lostinthoughts]

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

I am the mother to three children who are visiting me for the summer. Their father has physical custody. He lives in Arizona with his wife and their two other children and I live in California with my partner, his child and my oldest child.

I have filed a complaint with local law enforcement where the children reside. CWS has done one interview with the kids. The complaints are mostly emotional neglect and psychological maltreatment, but they are also spanked with a paddle on a regular basis. I do not have any proof, only what the kids tell me. I have told them they can talk to a teacher or the school counselor but they are afraid to. Their stepmother is a teacher and she teaches at the school they attend. The kids tell me they are afraid because they think the person they tell will go to the stepmother and that they would then be in even more trouble. The kids say they have been beaten so there were bruises up and down their legs. They are told they are stupid or fat. I could go on.

I have not filed when they tell me of these because they only tell me when they are at my house. When they are with their father they are only allowed to talk to me when they are sitting next to dad. They were scared to talk to anyone other then me, but now they are ready to talk to someone.


I just want someone to listen to my kids and I want the abuse to stop. I feel the only way to get this to happen is to file for emergency custody. I have tried talking to my ex husband, but he denies that any of this stuff has happened, told the kids I was a liar and that if I filled any papers he would put me in jail so I would never see them again.

Please help me, I need to know if this is the correct route to take. If there are other steps I should take I need to know what they are.

Thank you for your timeWhat is the name of your state (only U.S. law)?

 

[Proserpina]

Let child protective services do their job first. They ARE still involved, correct?

Then go from there.

Because frankly without evidence, you're going to have a battle on your hands if you want to change custody.

 

[GinAA]

Let child protective services do their job first. They ARE still involved, correct?

Then go from there.

Because frankly without evidence, you're going to have a battle on your hands if you want to change custody.

I have a question.

Would CPS give the children someone to contact? A number or something? If they are afraid to talk to anyone at the school, maybe having someone outside the school for them would help.

What are their ages?

 

[AkersTile]

If you have already called CPS (??) then you need to let them do their investigation. Once that is done, go from there. They will be able to tell what is going on and if there actually is any abuse. Then file for Emergency Custody if their report comes back substantiated.

 

[lostinthoughts]

CWS was contacted

CWS was contacted by the local law enforcement. When I called they did not talk to the kids, just their dad. CWS did talk to the kids when the sheriffs contacted them. I haven't heard anything. This was in January. The investigator told my daughters they would come back and see how things were going. The kids have not talked to an investigator since then. The kids are 10, 10, and 7.

 

[Proserpina]

CWS was contacted by the local law enforcement. When I called they did not talk to the kids, just their dad. CWS did talk to the kids when the sheriffs contacted them. I haven't heard anything. This was in January. The investigator told my daughters they would come back and see how things were going. The kids have not talked to an investigator since then. The kids are 10, 10, and 7.

So...what's the emergency?

Is it because they're now with you during your parenting time?

 

[Proserpina]

I have a question.

Would CPS give the children someone to contact? A number or something? If they are afraid to talk to anyone at the school, maybe having someone outside the school for them would help.

What are their ages?

911 and/or one of several CPS/equivalent direct numbers.

 

[lostinthoughts]

ok, thank you.

 

[Proserpina]

ok, thank you.

...you didn't answer my question.

Why is that?

 

[JediDad]

It sure looked to me like the only "emergency" is that she has parenting time now and wants to find a way to just keep the kids.

 

[Proserpina]

It sure looked to me like the only "emergency" is that she has parenting time now and wants to find a way to just keep the kids.

Oh dear sweet ....


...we AGREE on something!

Huzzah!

(And I'm not being sarcastic!)

 

[stealth2]

O/T

JediDad... I wonder if you would please either change or remove the portion of your sig line that states:

Arguing on the internet is like winning a gold medal in the Special Olympics. Even if you win, you're still retarded.

"Retarded" is offensive.

Thanks in advance.

 

[LdiJ]

Oh dear sweet ....


...we AGREE on something!

Huzzah!

(And I'm not being sarcastic!)

I agree that she wants to keep them, but I do believe that she honestly believes that the children are being abused.

It really is problematic that stepmom teaches at their school. Its going to make the mandated reporters there hesitate to do their job, and leaves the children with no one to confide in other than mom.

 

[CONative]

It really is problematic that stepmom teaches at their school. Its going to make the mandated reporters there hesitate to do their job, and leaves the children with no one to confide in other than mom.

I agree that stepmom teaching at the school will make the children more afraid of reporting abuse. However, I'm not sure it will make the mandated reporters more hesitant to do their job. While it makes it harder because it is a colleague they are reporting, they should know that they still must report suspected abuse because their job is on the line if they don't. Also, they may be more likely to report if they suspect a staff member's child(stepchild) of being abused because they have to be advocates for the rest of the children in the school around that staff member.

 

[LdiJ]

I agree that stepmom teaching at the school will make the children more afraid of reporting abuse. However, I'm not sure it will make the mandated reporters more hesitant to do their job. While it makes it harder because it is a colleague they are reporting, they should know that they still must report suspected abuse because their job is on the line if they don't. Also, they may be more likely to report if they suspect a staff member's child(stepchild) of being abused because they have to be advocates for the rest of the children in the school around that staff member.

Mandated reporters are human beings too. I am directly familiar with two cases where a mandated reporter did not do their job.

The husband of a friend of mine (actually due to the husband we are no longer really friends) was beating on her children. It caused bruises. He was a teacher at the private school the children attended. The children told their school counselor. Instead of reporting him, they gave him a warning and told him that if it happened again they would report him. He and his wife simply removed the children from the school and the abuse went on. The school also fired him at the end of the school year.

A friend of mine was going through a bad divorce. Her stbx was doing his best to alienate their oldest son from her. One day the son called mom the "c" word and mom slapped him across the face. He is red haired and very pale skinned and there was a faint bruise. His father called the police. The police wouldn't do anything. The child's teacher (who was a bit of a friend of the mother's) noticed something and instead of sending the child to the school nurse to be evaluated, she called mom. Mom told her what happened and the teacher decided not to report anything.

So, here are two cases I know of where a mandated reporter at school did not make a report due to a friend or collegue.

Now, in the second case dad did finally manage to get someone to call CPS and they investigated, and determined that while it wasn't the best form of discipline for mom to have used, that it did not arise to abuse and closed the case as unfounded.