Child abuse

[tdky@2010]

What is the name of your state (only U.S. law)? Kentucky

I have standard visition with my son who is 5 years old. I picked him up this past weekend and while changing him found a large bite mark on his bottom that had left brusing and teeth marks. He told me that Josh had bit him to teach him a lesson. Josh is my ex-wifes husband. I did call the police and took him to a dr who did a report. CPS granted me temporary protective custody. Today I received a call from CPS stating that my son would be going back to his mothers tonight. They did not speak with my son. My ex-wife had told them that it was an accident that Josh had just been playing around. I am very uncomfortable about the fact that a grown man had bit my son on the bottom. My son has stated in the past the "sometimes Josh whips me really hard." Is there any way I can file an appeal or something or even file charges against Josh for child abuse?

 

[Hot Topic]

I doubt your five year old said what you attribute to him (re: whipping).

Is this the first time that you've noticed anything that suggests abuse?

At this time, I would carefully monitor the situation and make your ex-wife aware that you're doing so via a letter sent via certified mail, return receipt requested.

 

[tdky@2010]

thanks

Thank you for the advice. I have been having issues with the mother and husband for a while now and have been recording all conversations I have had with either of them as well as when I speak with my son on the phone and yes I do have a recording of him telling me that Josh whipped him really hard. As soon as he said it his mommy took the phone from him and said he was doing talking now and then hung up. Also on the recording. and yes, she is aware that I do record our conversations. There are many times during recordings when she is yelling and says "I hope you got that on your recorder!" This however is the first time a bruise on my son could not be explained away by falling or something. A bruise with adult teeth marks in it is harder to explain away.

 

[CdwJava]

I suspect that about all you can do right now is monitor the situation. You made a report to the authorities and apparently they found there to be insufficient grounds to pursue this as a criminal matter.

If you feel that the custody or visitation order needs to be modified, return to court to address these particular issues.

 

[Isis1]

If those recordings are not legal, than any findings would inadmissible. Especially those with the child. CPS did their investigation, as well as the police.

I'd suggest taking a motion to court requesting no corporal punishment be administered to the child.

Speaking as a parent who is too horrified to use corporal punishment on her own children, spankings are very legal in many states.