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Child Abuse by Mom's boyfriend

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M

MomInNE

Member
What is the name of your state?NE


I am a stay at home mom. I also watch my stepdaughter (6yrs old) when she is out of school.
My stepdaughter showed up at our house with a huge bruise and abrasion, from her collarbone to her armpit. I asked my stepdaughter if someone hurt her. She explained to me that her mom's boyfriend (who they live with) did this to her. I called my stepdaughter's counselor. My stepdaughter talked to her counselor privately in her room. After their conversation the counselor informed me that from their conversation, she had to call CPS and for me to call them as well.
A police report was made and pictures were taken of the injury. The police served the boyfriend with a child abuse citation. The police told us that because the mom has full custody that he had to return his daughter to the mom. My husband refused until mom found another place to stay, away from the boyfriend.
My stepdaughter is scared to be around the boyfriend and did not want to go to his house. She actually locked herself in the bathroom when she thought we were going to take her to her mom.
The mom decided to stay with the boyfriends' parents. My husband let the mom pick up their daughter since the boyfriend was not an immediate threat to their daughter.
Mom is planning to go back to the boyfriends' house with their daughter.
My stepdaughter also called the next day crying for me to come pick her up. She was scared because mom told the boyfriend where they were staying. I explained to her that I couldn't pick her up without her mom's permission. Her mom agreed, then changed her mind. Mom said she was afraid we wouldn't give her back.
Does my husband have the right to keep their daughter, when she returns to our home, until the mom finds another place to live?
My husband does not have full custody, but does have his daughter 50% of the time.
 


R

rmet4nzkx

Senior Member
You did the right thing reporting and documenting the child abuse, but if your husband has the child 50% of the time he must have some custody. Your husband should get declarations from the counselor and copies of the reports from CPS and police, take all of that to the court and file for an emergency custody order so that he can keep the child legally and also a protective order for the child to keep the abuser away. Something is wrong that the police and CPS are not following through with this.
 
M

MomInNE

Member
All this happen on Monday.
CPS is suppose to start investigation today. We have not heard anything, yet.


Mom has full custody, she agreed to the extended visitation in court order parenting plan that is signed by a judge.
 
S

SMURFEELAW

Member
rmet4nzkx said:
You did the right thing reporting and documenting the child abuse, but if your husband has the child 50% of the time he must have some custody.
This is not true in AZ. Mom had sole custody but Dad had 50% visitation, but no legal custody rights.
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M

MomInNE

Member
She is suppose to be here tomorrow.
My husbands visitation is Thur ~ Sunday evening.
My husband thinks mom will not bring her tomorrow. The police told us that if she does not come here tomorrow and we think she is in danger to call CPS again.
 
S

SMURFEELAW

Member
Also to OP. Have dad file for an order of protection on behalf of the child to keep boyfriend away no matter where the child is. The child sounds old enough to explain that if bf comes around to dial 911 and have the Order of protection on file with the local police department. And get to filing emergency custody immediately. If I were you I would risk contempt (I can't see a judge punishing dad for protecting the child) and it sounds like mom knows it that is why she changed her mind. Good Luck
 
M

MomInNE

Member
If bio mom doesn't drop off stepdaughter tomorrow, How long do we wait after drop off time to call the police?
 
M

MomInNE

Member
Besides a police report and a report from the counsler that stepdaughter talked to about the abuse. What other information do we need to bring to the judge to get a temp. custody order and a protective order?
I also have pictures of the injury.
Bio mom went back to the boyfrineds house and is avoiding our calls.
 
R

rmet4nzkx

Senior Member
Take it all, especially the pictures, if you don't have the reports, give the court the case numbers, go to court today get an emergency custody and protective order, if she is at the boyfriends house and he is there, with the children call the police. do this today so it doesn't wait over the holiday weekend, the court can help with the paperwork. Once you have the orders, the police can serve them and collect the child.
 
S

SMURFEELAW

Member
Congrats!!!! That is soo great for the child! Hopefully mom will wake up and leave that POS b/c the child needs her mom to and dad needs to be able to feel his child is safe when with mom. If she won't/doesn't leave the b/f request a restraining order against b/f and possibly supervised visits to be sure b/f isn't around (if you go for supervised visits be sure you can prove mom has not left the b/f )
 
M

MomInNE

Member
I too hope mom leaves the boyfriend and finds another place to live. We will do the restraining order against the b/f.
My husband doesn't think mom will leave the b/f.
She's the type of person that thinks , no one can tell her what to do.
Wish us luck ( especially my husbands daughter) and thank you so much!
 
S

SMURFEELAW

Member
MomInNE said:
I too hope mom leaves the boyfriend and finds another place to live. We will do the restraining order against the b/f.
My husband doesn't think mom will leave the b/f.
She's the type of person that thinks , no one can tell her what to do.
Wish us luck ( especially my husbands daughter) and thank you so much!
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Boy do I know your pain. My hubbys ex IS the same way it cost her custody and visitation. And the real loser in all of this is the child. It is sad. I'll keep you in my prayers.
 
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