Child Abuse...Next step?

[robintucson]

What is the name of your state? Arizona

Asking this question for my sister in law.

Background
She has sole legal/physical custody of her son, former husband had reasonable visitation. Son is 6 years old and they have been divorced for 2 years. Mother does not have a lawyer and can not afford one.

Child was returned from visitation Friday and father had beaten the child up. Father admits hitting child HARD with a shoe. Child was bruised and swollen and had broken blood vessels in his eye. Mother has fathers on tape admitting to the beating. Police and CPS were called and have interviewed the child. Police say they will forward the case to their Child abuse department and charges will likely be filed. CPS just says the matter is under investigation and have stated they feel the child is safe now that he is with the mother. I went with the mother to obtain an Order of protection this morning and it was granted.

So my questions are:
Legally what is the next step?
Should she wait until criminal charges are filed before doing anything else?
Should she file for a change in visitation and ask for supervised visitation?

 

[bononos]

What is the name of your state? Arizona

Asking this question for my sister in law.

Background
She has sole legal/physical custody of her son, former husband had reasonable visitation. Son is 6 years old and they have been divorced for 2 years. Mother does not have a lawyer and can not afford one.

Child was returned from visitation Friday and father had beaten the child up. Father admits hitting child HARD with a shoe. Child was bruised and swollen and had broken blood vessels in his eye. Mother has fathers on tape admitting to the beating. Police and CPS were called and have interviewed the child. Police say they will forward the case to their Child abuse department and charges will likely be filed. CPS just says the matter is under investigation and have stated they feel the child is safe now that he is with the mother. I went with the mother to obtain an Order of protection this morning and it was granted.

So my questions are:
Legally what is the next step?
Should she wait until criminal charges are filed before doing anything else?
Should she file for a change in visitation and ask for supervised visitation?

No legal advice reallly, just make sure to tell mom to give the little guy lots of hugs and kisses.

I would.
Contact local legal aid.
File an emergency motion to temporarily suspend his visits all together.
File to modify custody to supervised at a facility at his expense for like 2 hrs. a week.

 

[Just Blue]

No legal advice reallly, just make sure to tell mom to give the little guy lots of hugs and kisses.

I would.
Contact local legal aid.
File an emergency motion to temporarily suspend his visits all together.
File to modify custody to supervised at a facility at his expense for like 2 hrs. a week.

And take him to a counselor.....He will need to take to someone about the abuse...poor little guy...give him a hug for me...

And please come back and let us know how bad the father got his as$ beat in jail....criminals don't like child abusers....

 

[bononos]

Legal Aid Links
Contact TODAY!!!!!!!!!!!!!!
http://www.usdoj.gov/eoir/probono/freelglchtAZ.htm
http://www.azflse.org/AZFLSE/legalservices/WhereToFindFreeLawyer.cfm

 

[bononos]

You could also let us know where he lives so we can pay him a visit and show him what our shoes can do!






(kidding of course)

 

[Just Blue]

You could also let us know where he lives so we can pay him a visit and show him what our shoes can do!






(kidding of course)

I have a pair of FM's that would look real purtty shoved up his as$....not kidding...

 

[fairisfair]

What is the name of your state? Arizona

Asking this question for my sister in law.

Background
She has sole legal/physical custody of her son, former husband had reasonable visitation. Son is 6 years old and they have been divorced for 2 years. Mother does not have a lawyer and can not afford one.

Child was returned from visitation Friday and father had beaten the child up. Father admits hitting child HARD with a shoe. Child was bruised and swollen and had broken blood vessels in his eye. Mother has fathers on tape admitting to the beating. Police and CPS were called and have interviewed the child. Police say they will forward the case to their Child abuse department and charges will likely be filed. CPS just says the matter is under investigation and have stated they feel the child is safe now that he is with the mother. I went with the mother to obtain an Order of protection this morning and it was granted.

So my questions are:
Legally what is the next step?
Should she wait until criminal charges are filed before doing anything else?
Should she file for a change in visitation and ask for supervised visitation?

Was the child addressed in the order of protection? if not, unlike many states, in the state of Arizona, an order of protection does not address child custody or change a custody or visitation order that is already in place, she probably needs to file for a modification of visitation immediately. and for once, I totally agree with all of the other posters as well!

 

[bononos]

More...
http://www.azbar.org/LawyersHelpingYou/probono_text.cfm
http://www.sazlegalaid.org/contact.html
http://www.womenslaw.org/AZ/AZ_links.htm
http://www.legalmomentum.org/pub/DV11Resources.pdf

 

[robintucson]

Visitation was not specifically addressed in the order of protection; however the father strictly forbidden from any contact with the child or mother until a hearing is scheduled. Should she file a motion to suspend visitation? Seams they would both have the same outcome.

FYI
We have been giving him lots of love and he will start seeing a counselor ASAP

 

[bononos]

Visitation was not specifically addressed in the order of protection; however the father strictly forbidden from any contact with the child or mother until a hearing is scheduled. Should she file a motion to suspend visitation? Seams they would both have the same outcome.

FYI
We have been giving him lots of love and he will start seeing a counselor ASAP

Some states don't allow protection orders to trump visitation.
Yours does and that's great news!
Please, go to those links and get legal aid immediately.
File a motion to modify custody based on child abuse, legal aid can do this for you. Please contact them.

If he violates that protection order in any way, call the police IMMEDIATELY!!!!!!!

 

[fairisfair]

Visitation was not specifically addressed in the order of protection; however the father strictly forbidden from any contact with the child or mother until a hearing is scheduled. Should she file a motion to suspend visitation? Seams they would both have the same outcome.

FYI
We have been giving him lots of love and he will start seeing a counselor ASAP

As long as the child was addressed, by mention, in the order of protection, as a protected party, she should not have to file a motion to suspend, but I would certainly be filing a motion to change the permanent visitation order.

 

[robintucson]

Thank you all for your help.....She has informed me that she will be calling legal aid in the morning

 

[rmet4nzkx]

While they are petitioning to suspend visitation or requesting supervised visitation, request parenting and anger management classes and that dad pay the entire cost of the child's counseling. His admissions on the recorded telephone call should be good evidence.

 

[angelmama]

Tell your sister to call
Childhelp USA
Contact number: (602) 271-4500

They're located in Phoenix, but service all counties in Arizona. Their services are free - they have free counseling/support services, provide legal accompaniment/advocacy for abused children, and they will help your SIL pursue the offender legally. GL!

 

[Rushia]

You could also let us know where he lives so we can pay him a visit and show him what our shoes can do!






(kidding of course)

Why would you be kidding!!!! I will gladly help. I wear steel toe shoes to work. I will gladly pay creep a visit while wearing them. Why would someone beat their child like this?

OP: hugs and kisses to the little guy from my family.