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wife is abusing child and prompting divorce

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whitworth

Junior Member
What is the name of your state? Tennessee

My wife physically and verbally abuses my 15-year old stepdaughter. The physical abuse is on the light side - no black eyes or broken bones - but the verbal and psychological abuse is as bad as it gets. My wife curses her and calls her an idiot, ****ing c*nt, wh*re, and piece of ****. This is daily, and it leads to them fighting at home or in the car while my wife is driving. They pull hair, bite each other, and scratch each other. To compound my concern, my wife and I have a 18-month old baby who I fear is going to get caught up in all of this. Our baby is constantly subjected to their fighting, yelling, and cursing, as she cries out when she hears them screaming at each other, or when sees them fighting and wrestling. I constantly find myself at home at night simply trying to keep my baby insulated from this. These instances have increased in frequency and intensity since she was born last year. The 15-year old has been pushed to the limit, and it is now common for her to throw things in the house and damage walls/doors. She threw an exercise weight through a door just last week. To make it even worse, my wife is home schooling my stepdaughter, meaning the three of them are at home together an awful lot. Many of their fights stem from the 15-year old's problems with comprehending home-schooling work. Those are the times when my wife makes her repeat aloud (or write 25 times) "I am an idiot" when she does not understand her work or makes a mistake. Often, the 15-year old locks herself into different rooms in the house to protect herself. This prompted my wife to take doorknobs off several doors in our house - she also went as far as removing the 15-year old's bedroom door from it's hinges.

I have taken my wife to counseling, where she does not deny any of the above, but has not made any progress. The counselor is recommending a call to the department of children's services, however the three divorce attorneys I have visited say this is the worst rout to take. I plan to file papers and leave with my baby for her safety very soon. Unfortunately, I have no legal right to take the 15-year old other than her going voluntarily (which she would), however my wife can have the police come get her if she knows where she is. It is an everyday occurrence for my stepdaughter to contemplate aloud suicide or the killing of my wife. She is physically capable of hurting my wife, and the possibility of extreme violence is very real. She constantly tells me she wants to kill her, and that she wants another mother, one who loves her. At this point, both my wife and stepdaughter are a danger to my baby.

I have months of documentation (journals, etc.) backing this up in preparation for an ugly custody battle for my baby - my stepdaughter will testify to the above. I have called a detective agency to see about surveillance or recording of such incidents. From what I gather, it is illegal to record this, but if you have a baby in danger who can not speak for itself, there may be an argument for recording these actions to confirm this danger, thus making an exception for admissibility of secretly recorded evidence in a courtroom. The reason I mention this is because I know for sure if any judge ever heard a recording of this abuse, there would be no question as to my wife's lack of being a fit mother. The real gamble of a court battle is that if I'm not awarded custody, my baby and stepdaughter will continue to grow up in this environment, and my baby will likely be abused in a similar manner when she is older. Also, when my stepdaughter was younger, my wife made it almost impossible for her biological father to visit her. He eventually gave up, but still sends child support.

Unfortunately, at this point, I have no other choice but to go to divorce court, as my wife is not willing to go to a psychiatrist for an examination. Our previous counseling was with a licensed clinical social worker. Maybe I should have my head examined for still being with my wife and having a baby with her, but it is too late to look back now.

Any advice forum?
 
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stealth2

Under the Radar Member
For starters - where is your stepdaughter's father?

Second - why have you not called the police when their fights get physical?
 

whitworth

Junior Member
Her biological father is an hour away but does not communicate with us

I haven't called the police because on many occasions the fights are over by the time I get home from work to break them up. Essentially, I tried to handle this through therapy/counseling and I have now given up. Like I said, the fighting is secondary to the verbal abuse, as there has not to my knowledge been fist punching. Fighting consists of wrestling, hair pulling, biting, etc. Don't get me wrong - I do not condone any of this, but calling the police was going to be my last resort.
 

stealth2

Under the Radar Member
Well maybe YOU should communicate to HIM what is going on with his child.

As for the cops - tell your stepdaughter to call them when Mom gets physical. Thing is, all of your "proof" may well be discounted as hearsay. And arguements against using them would be that if the situation was that serious, you would have done more than just write about it.
 
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rmet4nzkx

Senior Member
You need to make police reports even if the abuse is over when you arrive home.
Since this is documented in therapy ask the therapist to report to CPS, I'm sorry but that may be your best route.
Contact the child's father, he needs to know what is happening. Home Schooling is often used to hide child abuse. If there are any custody actions, ask that the child be placed in traditional schooling and evaluated for learning disabilities/neglect.
While you may not automatically have claim to custody, since the child is in danger and if the father agrees, you might petition for guardianship at the same time you petition for custody for your child.
Your wife may be mentally unfit, ask for court ordered mental evaluation.
 

casa

Senior Member
rmet4nzkx said:
You need to make police reports even if the abuse is over when you arrive home.
Since this is documented in therapy ask the therapist to report to CPS, I'm sorry but that may be your best route.
Contact the child's father, he needs to know what is happening. Home Schooling is often used to hide child abuse. If there are any custody actions, ask that the child be placed in traditional schooling and evaluated for learning disabilities/neglect.
While you may not automatically have claim to custody, since the child is in danger and if the father agrees, you might petition for guardianship at the same time you petition for custody for your child.
Your wife may be mentally unfit, ask for court ordered mental evaluation.

I agree 100%. When you file for divorce/custody ask that a GAL, CASA or minor's counsel be assigned - and if you are able/willing- ask for a psychiatric evaluation. These things, along with the therapy records will help you win custody of the baby and also protect the 15 yr old from further harm. (The 15 yr olds father deserves to know what is going on with his child, please notify him)
 

whitworth

Junior Member
The 15-year old has never lived with her biological father. My wife and her ex-husband divorced when she was 6 months old.
 

bononos

Senior Member
whitworth said:
The 15-year old has never lived with her biological father. My wife and her ex-husband divorced when she was 6 months old.
So, that doesn't mean he doesn't have a right to know.
It may be your best way of helping her.
 

stealth2

Under the Radar Member
whitworth said:
The 15-year old has never lived with her biological father. My wife and her ex-husband divorced when she was 6 months old.

That is beside the point. Have his rights been terminated? If not, he needs to know what is going on. And you need to start acting or when CPS DOES get involved because a mandated reporter called them, you may find that you both lose the little one as you'll be considered having failed to protect her. Have the lawyers told you what steps you SHOULD take?
 
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rmet4nzkx

Senior Member
whitworth said:
The 15-year old has never lived with her biological father. My wife and her ex-husband divorced when she was 6 months old.
Unless his rights are terminated, he needs to know, and failure on your part to protect both children can cause you to lose custody as well. I don't know why you are being advised to do nothing, unless there is something that you have done that will complicate the matter that you have not told us?
 

candi4687

Member
Look I understand the reason probably why you have not done anything is because this is your wife and the mother of your child. You have to step up and be a man. What if the tables were turned and she were doing this to YOUR child that you two have together. TRUST me once a person gets violent it don't just stop at one person. I learned the hard way. You are facing a down hill battle. You need to decide which is more important in your life. Your wife or these children! IF YOU SAY YOUR WIFE I WILL PERSONALLY COME THROUGH THIS SCREEN TO SHOW YOU REAL VIOLENCE!!!
If you allow this to continue and just brush it off as if it were not happening it will eventually catch up to you and then you could be facing the same as your wife. As others have told you, you do stand a chance of even lossing your own daughter if you allow this to continue and yet you do nothing about it.
BETTER DO SOMETHING NOW BEFORE YOUR WIFE TURNS ON YOUR OTHER CHILD. ....Just something to think about.

**Maybe since you admit that your wife has made it impossible for the 15yr olds father to see her, you could some how contact him and let him know what has been going on with her. He could possibly help you out in all of this mess. Remember that one day you could be in the same shoes as he was placed in by your wife. Your step daughter deserves her dad to be given a chance to stand up for her and show her he cares. This may also help in dealing with her emotional issues at the time.
BEST OF LUCK and you have already taken the first step to helping these children get out of the situation. ;)
 
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whitworth

Junior Member
No, I have nothing to hide. Thank you all for your advice. The one fear I have is that my wife's grandmother killed her husband, then committed suicide with very similar conditions such as these. I know when she loses custody of my stepdaughter to her bio father, and I get her baby, she will be at the end of the line and I fear for everyone. I have considered relocating after this is all over. The only reason I haven't acted sooner is I was hoping it would get better through counseling. My mother-in-law is scared to death of her as well, because she sees her own mother in her daughter. She also is a victim of my wife's abuse, as my wife hit her in the face three times back in January. She won't come back to our house.

The three attorneys I have met with (all three highly recommended) have said child services is a definite no-no. My immediate plans are to get my daughter to counseling Tuesday to spill the beans to the Licensed Clinical Social Worker who told me she was going to blow the whistle if things didn't get better (I drug my wife to see this counseler). They tell me to have the papers filed the day I take my baby away, however as I have said before, I can't legally take my stepdaughter. Perhaps I can pursuade the counselor to wait until me and my baby have left to call children services. Also, what is the time frame on a serving of divorce papers to the preliminary custody hearing?
 

rmet4nzkx

Senior Member
Will her mother testify?
Have you ever heard of a restraining order?
Get both kids out of the house and go to court and file an emergeny order, worry about the divorce later.
 

bononos

Senior Member
whitworth said:
No, I have nothing to hide. Thank you all for your advice. The one fear I have is that my wife's grandmother killed her husband, then committed suicide with very similar conditions such as these. I know when she loses custody of my stepdaughter to her bio father, and I get her baby, she will be at the end of the line and I fear for everyone. I have considered relocating after this is all over. The only reason I haven't acted sooner is I was hoping it would get better through counseling. My mother-in-law is scared to death of her as well, because she sees her own mother in her daughter. She also is a victim of my wife's abuse, as my wife hit her in the face three times back in January. She won't come back to our house.

The three attorneys I have met with (all three highly recommended) have said child services is a definite no-no. My immediate plans are to get my daughter to counseling Tuesday to spill the beans to the Licensed Clinical Social Worker who told me she was going to blow the whistle if things didn't get better (I drug my wife to see this counseler). They tell me to have the papers filed the day I take my baby away, however as I have said before, I can't legally take my stepdaughter. Perhaps I can pursuade the counselor to wait until me and my baby have left to call children services. Also, what is the time frame on a serving of divorce papers to the preliminary custody hearing?

Your planning ahead, that's good, but you still forgot one step, finding the 15 yr. olds dad, inform him.
A joint effort would probably help the both of you protect your kids.
 

whitworth

Junior Member
Yes, the mother-in-law will testify - no question. Also, my stepdaughter will testify, but she realizes her life will change forever if she does, because she will likely go to her bio father, meaning I will no longer be involved in her day-to-day life (unless her father will let me have her) - she does not want to go to a foster home. I'm trying my best to do this thing using the proper legal channels, although as you state, this is getting more serious each and every day.
 

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