child abuse

What is the name of your state? Tx

My son was spanked very badly by his dad with a belt this past visitation weekend. My son has welts on his back and legs.
My son also says that his dad verbaly cussed him and pushed him and choked him.
He also does not want to go back.

Do I have to send him back? Can I take him to court to loose his rights?

My response:

If the kid deserved it, then there's nothing you can do. A parent has the right to dole out corporal punishment.

IAAL

Do I have to send him back

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Yep.

? Can I take him to court to loose his rights?[/

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No, a child has no rights.

I have already reported it to the sherriffs dept.
they told me he does not have to go back to his dads house any more.
I also told his father not to bother picking up the boys any more.

AmeliaA said:

I have already reported it to the sherriffs dept.
they told me he does not have to go back to his dads house any more.
I also told his father not to bother picking up the boys any more.

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My response:

Well, the Sheriff is only going by his gut feeling - - he doesn't understand the law, and he's not an attorney.

So, it would appear that you're going to be headed back to court for an order to show cause re: Contempt of Court.

Your wallet is going to be a little lighter, or your going to jail - - depending upon how the judge feels that day.

Good luck.

IAAL

And of course this Sheriff will put all of this in writing?

Get real lady. As Iaal told you, a sheriff upholds the law, he/she doesn't make law nor does he/she represent the courts.

You have a valid court order. Until it changes then you are required BY LAW to follow that court order. And if you don't and your ex files contempt charges against you, guess who will be knocking on your door with a summons to appear in court.

Yep, that same idiot sheriff who told you that you did not have to take your son back to the ex's for his court ordered visitation. Why? Because he is sworn to UPHOLD THE LAW.

how old is your son? did you take your son to the doctor for the welts?

he is 14.
Yes, I did take him to the doctor to document the welts.
this isn't the first time this has happened. I have a yonger son who did not want to go to his dads for the same reason.
My ex-husband is an abusive man, and he woman he married is just like him, they are one in the same. she is his match. she is violent also, she came to my house and started a fight wiith me iin my own yard. Their house is an unfriendly place, and I can see why the children don't want to go, they are always getting cussed at and being abused by those two. I can't send my kids to place like that. it is not right. what do I do?

You file for a modification. Based on your evidence, you could ask for supervised visitation until your ex completes an anger management class. But you cannot unilaterally decide to suspend visitation, regardless what the sheriff told you.