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Child abused by mother but child is arrested

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happycj

Junior Member
What is the name of your state? Ohio


My boyfriends stepson from his previous marriage was arrested Tuesday night for domestic violence. The child is 15 years old and this is his second run in with the police. First time he ran from the police when they tried to stop him at night.

At about 9:30pm my boyfriends daughters call him wanting him to come and get them because their mom and brother are fighting. A minute later the stepson beeps in and my boyfriend answers. The child is hysterical. You can barely make him out because he is crying. He tells his him what happened and that he is hiding in a creek.

The son tells my boyfriend that he was playing with the dog while the dog was in his cage. The dog started barking and the mothers boyfriend told the son not to get the dog excited or else. The stepson asks the boyfriend "whatcha gonna do about it dog?" This child is a huge smartty pants everyone know that. Well the boyfriend takes him seriously and gets out of his chair and starts to approach the child. The mom jumps in the middle and tells the child to go to his room. The son says no so the mom slaps him across the face pretty hard. The son goes to his room and kicks in his bedroom door. The mom runs in after him and pins him down and starts punching him numerous times. The mother then puts the child in a choke hold. The son asks his mom to let go of him and she doesn't. So he ends up scratching her neck while trying to get free. The mother then lets go and tells the son that she is calling his parole officer. The mother claims that the son knocked the cell phone and phonebook out of her hands and takes off running. The daughter who saw the entire thing said no he didn't. He just took off. Thats when the son called his stepdad from at teh creek.

The mom called the police and told them that the son tried to punch her and scratched her neck. So the police where waiting for him when he walked in the door.

He walked by the officer and the officer told him to stop and he continued to keep walking and then he resisted arrest when they got him.

The police took him to the cruiser and took pictures of the mothers neck and of the bedroom door. They also took the mothers statement. They did not take the daughter's statement (she witnessed everything) nor did they take the sons statement. There are two sides to every story. They did not take pictures of the son either.

We went to child's services the next morning because we are in the process of getting custody of the son because the mother doesn't want to the child anymore. We were in the process of doing this for a about a month before this entire situation happened. No one had called child services at all. The lady at child services got a copy of the police report and they statement said nothing about the mother beating the son first and there wasn't a statement from the son either.

The lady then called the detention center where they took the child that night. They check everyone that is brought in. The son had 2 huge knots on his head, a scratch on his collarbone and marks his hands.

We went through the detention hearing to decide if he needs to stay in the detention hall or if he can be released to someone else.

During the hearing the judge asked the child if he wanted a lawyer and he said no after thinking about it for a while. His mother was sitting right next to him because she is his only legal guardian.

The mother willing admitted to the parole officer before the hearing that she "beat the h**l out of him". So right there shouldn't the charges of domestic violence be dropped against the son and the charges of child abuse put on the mother?!

Someone please help me. Can my boyfriend and I still get him a lawyer even if he said no? Can the case be thrown out because they didn't take the sons statement or take pictures of him? Can the charge of domestic violence be dropped? Can the mother be charged with child abuse?
 
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Ohiogal

Queen Bee
You have NO legal standing. Your boyfriend has NO legal standing either as he is a LEGAL stranger to the child. Where is the child's FATHER?
 

happycj

Junior Member
the child biological father is not in the picture at all. the stepdad (my boyfriend) has been with the stepson since he was 1. so he is all that the child knows for a father.

We are still in the works of getting custody of the son. Family services supports us getting custody of the son. Like I said we are in the process of getting guardianship of him. We were supposed to have custody of him last week but the family services people canceled due to an emergency removal of another child. So it's scheduled for Tuesday. They are going to come sooner now due to the recent situation.

So doesn't that mean anything?
 

Ohiogal

Queen Bee
the child biological father is not in the picture at all. the stepdad (my boyfriend) has been with the stepson since he was 1. so he is all that the child knows for a father.
Has the child's father been legally adjudicated the father? Your boyfriend should not have allowed the child to believe he was daddy.
We are still in the works of getting custody of the son.
YOU do not have legal standing to get custody of the child. You are no one. Do you mean that your boyfriend is looking at getting custody.
Family services supports us getting custody of the son. Like I said we are in the process of getting guardianship of him.
Guardianship is NOT custody. Which is it? The child's father needs to be served as well.


We were supposed to have custody of him last week but the family services people canceled due to an emergency removal of another child. So it's scheduled for Tuesday. They are going to come sooner now due to the recent situation.
WE? Explain how you have any standing in this case. Was the child's father served? Who is the child's legal father? Is there one?
So doesn't that mean anything?
No. Not really. Answer my questions.
 

happycj

Junior Member
The child's real father is a loser. He has been in and out of jail his whole life. The child knows that my boyfriend is not his biological father. The real father has given consent for my boyfriend to take the son away from the mom.

My boyfriend is getting control of the son. I'm just living with my boyfriend therefore child services had to check me out as well thats why I said we.

As far as guardianships/custody goes, the mother is signing the son over to his stepdad. She started the whole process. Whatever its called we will have all rights to this child until he is 18. She will no longer have any claim to him when he comes with us.

I know I have no standing in this issue. I'm just trying to find some answer so that his stepdad will be able to help him out the best that he can.

Does that answer all your questions??
 

mommyof4

Senior Member
So now you have gone from custody to guardianship to termination of parental rights.

DSS is involved in this?

I have to say that one thing that would have been a huge help is if this boy would show just a little bit of maturity and respect. His attitude did nothing to disprove Mom's claims.
 

happycj

Junior Member
Sorry I don't know what it's technically called. I'm new to all this legal stuff. It started out to where the mom wrote a letter to the judge requesting that my boyfriend take her son. Then my boyfriend wrote one to the judge stating that the son would be better off with him (at the request of the mother). The judge then got consent from the biological father. So we were waiting for a home study from child services and it was canceled and rescheduled. Then all this stuff happened and my boyfriend wants it so that the mother can't throw a fit one day and decided that she wants her son back. He wants it so that if she wants him back it has to go before a judge again and the judge will decide whats best for the son. Child services agrees with my boyfriend.

Yes Child Services is involved.
 

Ohiogal

Queen Bee
The child's real father is a loser.
Nice attitude. This is the father of the child you claim to care about. Hence half this child is this man.

He has been in and out of jail his whole life. The child knows that my boyfriend is not his biological father. The real father has given consent for my boyfriend to take the son away from the mom.
Okay. The fact that father is consenting matters. Because he needed to be served. If he did not consent, his rights are superior to boyfriends. Regardless of whether or not you think he is a good guy.
My boyfriend is getting control of the son. I'm just living with my boyfriend therefore child services had to check me out as well thats why I said we.
Don't say "we" -- "we" is not correct. YOU will BE NOTHING legally to this child. Even if you marry boyfriend you will be nothing to this child.

As far as guardianships/custody goes, the mother is signing the son over to his stepdad. She started the whole process. Whatever its called we will have all rights to this child until he is 18. She will no longer have any claim to him when he comes with us.
WRONG. Mother will have a claim to her son unless her rights are being terminated. But that is NOT guardianship nor is it custody. If mom is agreeing to either custody or guardianship then she will have a claim to the child. She will have residual rights. Boyfriend NEEDS to find out what he is actually getting.

I know I have no standing in this issue. I'm just trying to find some answer so that his stepdad will be able to help him out the best that he can.
No attorney is going to be able to help someone who doesn't want an attorney. It is as simple as that.
Does that answer all your questions??
No. because you don't know the answers.
 

Ohiogal

Queen Bee
Sorry I don't know what it's technically called. I'm new to all this legal stuff. It started out to where the mom wrote a letter to the judge requesting that my boyfriend take her son. Then my boyfriend wrote one to the judge stating that the son would be better off with him (at the request of the mother). The judge then got consent from the biological father. So we were waiting for a home study from child services and it was canceled and rescheduled. Then all this stuff happened and my boyfriend wants it so that the mother can't throw a fit one day and decided that she wants her son back. He wants it so that if she wants him back it has to go before a judge again and the judge will decide whats best for the son. Child services agrees with my boyfriend.

Yes Child Services is involved.
Boyfriend NEEDS to know what it is he is getting. No excuses and no ignorance involved. He needs to know whether or not this is guardianship or legal custody. Because there are differences. Sounds like legal custody but that doesn't mean it is.
 

happycj

Junior Member
Ok well when I posted this I didn't want to be put on trial. I just wanted to know what my BOYFREINDS options were when it came to helping his stepson. I just wanted to make sure that the son had every resource available to him since his mom is the one who is pressing charges against him for defending himself.
 

Ohiogal

Queen Bee
Ok well when I posted this I didn't want to be put on trial. I just wanted to know what my BOYFREINDS options were when it came to helping his stepson. I just wanted to make sure that the son had every resource available to him since his mom is the one who is pressing charges against him for defending himself.
You don't get it. We need VALID information in order to give answers. Your boyfriend could hire an attorney for the child HOWEVER no attorney is going to be able to represent someone who doesn't want an attorney. He has already stated he doesn't want one. What do you expect counsel to do? And how are we supposed to answer when YOU don't know exactly what type of standing your boyfriend has/will have?
 

hugitout

Junior Member
Ohiogal - you have some serious issues... This poor girl is trying to help her boyfriend and his stepson and you act like she's trying to take YOUR child away from you. I believe you could benefit from some serious psychotherapy. :eek:
I have seen you on this board before ripping other people to shreds too... Do me a favor and please don't ever answer any of my posts... thanks and I hope you get the help you need!

Happycj - your boyfriend and stepson are so lucky to have you in their lives. You obviously care about them a great deal. As we all know - any idiot can conceive a child but it takes a true loving human being to be a mom/dad/stepmom/stepdad. Legalities aside - you are doing the right thing asking questions. I don't have the legal expertise you seek but good luck!
 

Curt581

Senior Member
Ohiogal - you have some serious issues... This poor girl is trying to help her boyfriend and his stepson and you act like she's trying to take YOUR child away from you. I believe you could benefit from some serious psychotherapy. :eek:
I have seen you on this board before ripping other people to shreds too... Do me a favor and please don't ever answer any of my posts... thanks and I hope you get the help you need!

Happycj - your boyfriend and stepson are so lucky to have you in their lives. You obviously care about them a great deal. As we all know - any idiot can conceive a child but it takes a true loving human being to be a mom/dad/stepmom/stepdad. Legalities aside - you are doing the right thing asking questions. I don't have the legal expertise you seek but good luck!
I think you need to reread the title and remember the purpose of this website. It's about getting and giving LEGAL advice. Not sympathy, not well wishes, not moral support, not touchie-feelie encounter group garbage... LEGAL ADVICE.

We give people the FACTS. Sometimes FACTS are harsh. Sometimes FACTS aren't sympathetic. All the moral support in the world won't tell her what step father needs to do in court.

If you want something "legalities aside", I suggest looking elsewhere. This ain't it.
 
Dear Hug it out

People dont come here seeking the pity of others. They dont come here to be agreed with. In reality they come here for legal advice. I , like you, am no expert on law. I would venture to say OHIOGAL has a better working knowledge of the law than I will ever have. The advice she gives people is based on one thing and one thing only...THE LAW. If you dont like what she is saying, write your senators and congressmen. They are the ones who can change the law. Ohiogal cannot! :mad:
 

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