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  1. #1
    elizabee is offline Junior Member
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    How do I prove sibling abuse and what do I do about it?

    All parties are residents of the State of California.

    I misstated the question, I guess. I'm actually asking the question on behalf of a father. So, how does HE prove sibling abuse and what does HE do about it?

    Details: A 4-year-old male child is acting out violently against a 2-year-old female half-sibling. These acts of violence go much further than typical sibling rivalry, or fighting, or simple misbehaving. While the father does have one medical record that shows that the younger child sustained serious injury (staples to close a head wound) at the hands of the elder sibling, the only witnesses to the on-going violence is the custodial mother (who discounts and ignores problem), the non-custodial father himself (who has witnessed some violence and dangerous activity while in the mother's home) and the two young children. The most recent behavior that the father witnessed was the boy (not the father's biological child) spanking his sister (the father's biological child) while the custodial parent (mother of both children) was in the room. The mother did nothing to stop the behavior, or even to correct it. Of course, the father cannot prove that this incident even occurred. It's his word against hers, essentially. The 2-year-old cannot speak for herself in this matter. That said, the non-custodial father is worried that, to some people, it might look as though he is exaggerating the issue in a malicious attempt to gain more custody/visitation. This is not the case. I can't find any real records of how law enforcement officials, CPS workers, or judges deal with this kind of violence by a child so young against another child so young. I can find studies on the matter, but no legal references or California Penal/Family Law Code that address this issue. I also don't know how the father possibly can go about proving that this violent pattern of behavior exists, unless he secretly records conversations while in the mother's home (which I understand to be illegal in California). Where can I look to learn more about this problem? Surely someone, somewhere in California has had to deal with this issue before. The father's only concern here is his daughter's safety and well-being while in her mother's home.

    Also, if this post actually belongs in the Juvenile Law forum until the Criminal Law heading, rather than in the Custody forum, I apologize. I wasn't sure where to post about this matter.
    Last edited by elizabee; 03-07-2012 at 02:11 PM. Reason: Possibly posting in wrong forum and remove the word "we".
  2. #2
    Ohiogal is offline Senior Member
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    Quote Originally Posted by elizabee View Post
    All parties are residents of the State of California.

    I misstated the question, I guess. I'm actually asking the question on behalf of a father. So, how does HE prove sibling abuse and what does HE do about it?

    Details: A 4-year-old male child is acting out violently against a 2-year-old female half-sibling. These acts of violence go much further than typical sibling rivalry, or fighting, or simple misbehaving. While the father does have one medical record that shows that the younger child sustained serious injury (staples to close a head wound) at the hands of the elder sibling, the only witnesses to the on-going violence is the custodial mother (who discounts and ignores problem), the non-custodial father himself (who has witnessed some violence and dangerous activity while in the mother's home) and the two young children. The most recent behavior that the father witnessed was the boy (not the father's biological child) spanking his sister (the father's biological child) while the custodial parent (mother of both children) was in the room. The mother did nothing to stop the behavior, or even to correct it. Of course, the father cannot prove that this incident even occurred. It's his word against hers, essentially. The 2-year-old cannot speak for herself in this matter. That said, the non-custodial father is worried that, to some people, it might look as though he is exaggerating the issue in a malicious attempt to gain more custody/visitation. This is not the case. I can't find any real records of how law enforcement officials, CPS workers, or judges deal with this kind of violence by a child so young against another child so young. I can find studies on the matter, but no legal references or California Penal/Family Law Code that address this issue. I also don't know how the father possibly can go about proving that this violent pattern of behavior exists, unless he secretly records conversations while in the mother's home (which I understand to be illegal in California). Where can I look to learn more about this problem? Surely someone, somewhere in California has had to deal with this issue before. The father's only concern here is his daughter's safety and well-being while in her mother's home.

    Also, if this post actually belongs in the Juvenile Law forum until the Criminal Law heading, rather than in the Custody forum, I apologize. I wasn't sure where to post about this matter.
    A four year old is NOT competent to face California penal code penalties so don't even go there. This would be more of neglect but if you witnessed it? YOU were just as neglectful quite frankly. Why did you not remove YOUR child from being spanked and being hit by her older sibling? Why did you not correct the issue?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    Antigone* is offline Senior Member
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    Quote Originally Posted by elizabee View Post
    All parties are residents of the State of California.

    I misstated the question, I guess. I'm actually asking the question on behalf of a father. So, how does HE prove sibling abuse and what does HE do about it?

    Details: A 4-year-old male child is acting out violently against a 2-year-old female half-sibling. These acts of violence go much further than typical sibling rivalry, or fighting, or simple misbehaving. While the father does have one medical record that shows that the younger child sustained serious injury (staples to close a head wound) at the hands of the elder sibling, the only witnesses to the on-going violence is the custodial mother (who discounts and ignores problem), the non-custodial father himself (who has witnessed some violence and dangerous activity while in the mother's home) and the two young children. The most recent behavior that the father witnessed was the boy (not the father's biological child) spanking his sister (the father's biological child) while the custodial parent (mother of both children) was in the room. The mother did nothing to stop the behavior, or even to correct it. Of course, the father cannot prove that this incident even occurred. It's his word against hers, essentially. The 2-year-old cannot speak for herself in this matter. That said, the non-custodial father is worried that, to some people, it might look as though he is exaggerating the issue in a malicious attempt to gain more custody/visitation. This is not the case. I can't find any real records of how law enforcement officials, CPS workers, or judges deal with this kind of violence by a child so young against another child so young. I can find studies on the matter, but no legal references or California Penal/Family Law Code that address this issue. I also don't know how the father possibly can go about proving that this violent pattern of behavior exists, unless he secretly records conversations while in the mother's home (which I understand to be illegal in California). Where can I look to learn more about this problem? Surely someone, somewhere in California has had to deal with this issue before. The father's only concern here is his daughter's safety and well-being while in her mother's home.

    Also, if this post actually belongs in the Juvenile Law forum until the Criminal Law heading, rather than in the Custody forum, I apologize. I wasn't sure where to post about this matter.

    Who are you in this situation?

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