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Is this neglect??

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cayla99

Junior Member
What is the name of your state (only U.S. law)? NC

I am giving the state my child is residing in since this is where the situation is taking place. I am trying to be calm as I write this. To make a long story short, in 2004 I was living in California and a gang was trying to recruit my son. He went to NC to live with his dad. However that is basically irrelevant other than letting you know it was voluntary on my part because at the time it was in his best interest.

My son is now 14 1/2. Last weds. night my son called me crying. His right testicle was swollen and he was in pain. He said that he showed it to his dad and his dad talked to grandpa and they decided it was growing pains and that he was being a wimp. I talked to my current husband and told my son that if his dad would take him to an urgent care to have it checked out, we would pay the co-pay. His dad said that they should wait until morning and that my son should go ummmm do what teenage boys do that they think nobody knows about with his hand if you get my meaning. Thursday morning once again my son called me and said he was in so much pain he could barely walk and was staying home from school. Once again I urged him to have his dad or step mom take him to get medical attention. I was told dad was at work and he could not disturb his step mom because she worked late the night before and was tired. Later that afternoon he called me and said the testicle was now 4 times the size of the other one, once again I said to get to a doc, but he said dad wanted to wait until monday to see how it was doing then. Friday morning he called again. I told him to call the doc himself and set up an appointment, when he had it my current husband called in and paid for the visit by credit card. Finally my ex took our son to the dr.

My son was diagnosed with a contorted testicle and emergency surgery was done. They ended up having to take his testicle. The dr had said there is a 99% chance of saving the testicle if it is operated on within the first 6 hours, a 50% chance within the first 24 hours and 0% chance after that. I am furious that my narcissistic ex was LAUGHING at my son while his testicle was being strangled and that he would not listen and get my son medical attention. My son is in high-school and does not want to move, but I am afraid of what will happen the next time he needs medical attention. My know-it-all ex already cost our son a valuable body part. I have just hung up the phone with my ex who told me that unless my current husband pays for the post op check, my son will not be going. I no longer care if my son wishes to stay in NC, I want custody NOW!!! Is there any recourse? A friend told me that if it happened here CPS would have been called in for medical neglect. My son told all 4 docs he saw on friday about how his dad just laughed at him.What is the name of your state (only U.S. law)?
 


j991

Member
How is custody set up between you? If he is currently in your ex's custody then you need to file an emergency custody protection order based on the neglect and then file for permenant custody.
 

stealth2

Under the Radar Member
Here's what I don't get - why didn't you talk to DAD instead of having your son relay information and messages?
 

cayla99

Junior Member
Here's what I don't get - why didn't you talk to DAD instead of having your son relay information and messages?


Because DAD's new wife will not allow him to talk to me. He refuses to get on the phone when I need to speak to him.
 

cayla99

Junior Member
How is custody set up between you? If he is currently in your ex's custody then you need to file an emergency custody protection order based on the neglect and then file for permenant custody.

How would I go about doing that. I was laid off work and can not afford a lawyer. I know from other issues legal aid in NC won't help me because I am not a NC resident. legal aid in my state will not help because they do not practice law in NC. Anybody know how I can do it myself?
 

stealth2

Under the Radar Member
Because DAD's new wife will not allow him to talk to me. He refuses to get on the phone when I need to speak to him.

In a situation like this, I would have spoken with stepmom. Did you do that? Did you ask your husband to talk to Dad? Seriously - what did YOU do, except talk to your son and current husband?
 

RRevak

Senior Member
In a situation like this, I would have spoken with stepmom. Did you do that? Did you ask your husband to talk to Dad? Seriously - what did YOU do, except talk to your son and current husband?


If everything OP says is the truth then if stepmom wouldnt let OP speak to dad, then I doubt she would speak to OP. Again, if everything OP says is truthful then it sounds like she didnt have much of a choice but to speak to her son directly.
 

cayla99

Junior Member
If everything OP says is the truth then if stepmom wouldnt let OP speak to dad, then I doubt she would speak to OP. Again, if everything OP says is truthful then it sounds like she didnt have much of a choice but to speak to her son directly.

I didn't have a choice. Stepmom NEVER talks to me. It is none of your business, but stepmom is the mistress that broke up DAD and me. The ONLY TIME the ex will talk to me is when he wants me to send him extra money for whatever is wanted and he does not want to pay for. It is not a good situation. Even though the ex has full custody, my sons doctor and dentist always send ME the bills because if they didn't my son wouldn't be going. Getting him away from the gangs in my old neighborhood was my number one consideration. Even though my ex treated me like dirt, he was usually good to the kids, the financial thing up to this point has been more about winning one over on me because he KNEW that I would take care of the kids, their needs always came first, and it is a way to try to maintain control over me. I speak to my son daily but now that his sister is away at college, she only has time for me once or twice a week. She is busy with her studies and her new boyfriend. This time the jerk took the game too far. When he did speak to me this afternoon about paying for the followup, he tried to blame me for not driving over 12 hours to take him myself if I was so concerned. I wish I had, even though that may have been too late. I speak to my husband because I send my ex 100% of my unemployment check (minus check cashing fees and postage). Any extras my current husband pays for. My ex KNEW that we would have paid for the visit on weds, but he needed to be in control.
 

Isis1

Senior Member
I didn't have a choice. Stepmom NEVER talks to me. It is none of your business, but stepmom is the mistress that broke up DAD and me. The ONLY TIME the ex will talk to me is when he wants me to send him extra money for whatever is wanted and he does not want to pay for. It is not a good situation. Even though the ex has full custody, my sons doctor and dentist always send ME the bills because if they didn't my son wouldn't be going. Getting him away from the gangs in my old neighborhood was my number one consideration. Even though my ex treated me like dirt, he was usually good to the kids, the financial thing up to this point has been more about winning one over on me because he KNEW that I would take care of the kids, their needs always came first, and it is a way to try to maintain control over me. I speak to my son daily but now that his sister is away at college, she only has time for me once or twice a week. She is busy with her studies and her new boyfriend. This time the jerk took the game too far. When he did speak to me this afternoon about paying for the followup, he tried to blame me for not driving over 12 hours to take him myself if I was so concerned. I wish I had, even though that may have been too late. I speak to my husband because I send my ex 100% of my unemployment check (minus check cashing fees and postage). Any extras my current husband pays for. My ex KNEW that we would have paid for the visit on weds, but he needed to be in control.

okay, so i reread your post. since the surgery was done, it's not neglect. the post op is only neglect if something came up and it was not taken care of. that you can pay for. is he being a jerk about it? YES. i'm with 100% on that. but it's not illegal for dad to laugh at the situation. it wasn't neglect when the surgery was done. if the surgery wasn't done, then you have a case. if you provided the money, the doctor, and dad STILL didn't get it done, then you'd have a case.

i'm sorry, i don't see this as a change of circumstance for the child. so a change of custody might be a waste of time.
 

cayla99

Junior Member
okay, so i reread your post. since the surgery was done, it's not neglect. the post op is only neglect if something came up and it was not taken care of. that you can pay for. is he being a jerk about it? YES. i'm with 100% on that. but it's not illegal for dad to laugh at the situation. it wasn't neglect when the surgery was done. if the surgery wasn't done, then you have a case. if you provided the money, the doctor, and dad STILL didn't get it done, then you'd have a case.

i'm sorry, i don't see this as a change of circumstance for the child. so a change of custody might be a waste of time.

So even though he sat laughing until it was too late and did not get him timely treatment, and that action or inaction cost my son dearly, it is ok? He did nothing legally wrong?
 

Isis1

Senior Member
So even though he sat laughing until it was too late and did not get him timely treatment, and that action or inaction cost my son dearly, it is ok? He did nothing legally wrong?

you stated the surgery was done. how was your son permanently damaged? please understand i'm not trying to OK yur ex's actions. what i'm trying to convey how the courts will view it.
 

summerdawn

Senior Member
you stated the surgery was done. how was your son permanently damaged? please understand i'm not trying to OK yur ex's actions. what i'm trying to convey how the courts will view it.


I think the permanent damage she is referring to is when she stated that they had to take her child's testicle.
 

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