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DSS investigation and my son! HELP

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pammness

Member
What is the name of your state? Virginia

Part 1

I have 3 kids. My oldest daughter is now 19, works fulltime (60 to 70 hours per week) Is one wonderful young lady. I also have a 15 y/o daughter. Also a onderful young lady. I also have a son who is 13. He is themain reason for my post. I will try to be brief and state the facts, also give enough onformation to help anyone out who may be able to help me.

My marriage of 16 years came to an end in 2000. We sparated in May that year, No adultry physical abuse etc. Emotional abuse was there, it was not severe was worsen with each passing day. I chose to ask for a separation, wnating to try to work through it in counseling.

I was paying the bills for 2 households and ensuring he had a 500 dollar credit card for food and gas for the month. After 6 months and more emotional abuse, then it turned to physical that September. He came by to drop off the kids. We had no custody or support orders at that time. I was watching a friends children for the evening. I was also a fostermom to 4 other children.

Ok, so he was upset at me because I had my firends 3 children. I frankly told him nice but firm, it really was not his concern. He began throwing things and started throwing things and even punched me in chest in front of all these children, 10 in all oldest was 16 youngest was year and a half. He would not leave and I did not want his children to see him hand-cuffed and drug out. My oldest girl called a friend. I did not press charges. I hired a divorce attorney the next day. Stopped all I was doing for him, and had him remove direct deposit. Not his book-keeper anymore.Gave up fosterkids, had to, my children and they also were suffering. Got outside job.

6 months later, he came in my home and threw a table at me, it was large, wood, heavy glass and iron. I busted my wrist warding it off, police were called. He was arrested and later found guilty. Got big fine, restotution payments and 30 days suspended. He was mad because my daughters would not go with him. He did not give any notice and they had seen little of him for nearly a year. Kept not showing up when he made arrangements to get kids for a visit.

Totally disagreeing to all terms for divorce child support and custody. 8 months later his live in gf filed harrassment charges against me. Judge told them to back off of me. Charges dismissed. I moved 2 hours away to protect me and kids.

My son has been in and out of hospitals for emotional and behavior issues. Dad still not a real part of their lives. Divorce final in Dec. 2002 child issues in March 2003. The last year with my son has been tough. I only had suspicions. Docs said not good enough, try it to see how it goes. I finally gave in Jan. 05
Custody did not change over until June, my request, in case it was not right.

2 weeks ago my son cut his arm with pocket knife six times, not to kill himself. Father was warned many times by me and doctors that called him to keep knives away from him. I found out after he was in hospital why. He was being abused by my ex and his wife. Severe punisments, beatings. Total improper care all together. Hospital called DSS and reported him. I was then asked to come in special one on one without dad or son there. This is when they told me of all abuse and DSS. Before dad could find out DSS was getting involved I drew up a ammendment to child support and custody, he signed, and I did also.
:confused:
 


pammness

Member
DSS investigation and my son !!

Part 2


I am trying to get a emergency court date, due to pending investigation.In the mean time, dad is now refusing to pay for son, court told me I would have to wait until 6 months past before I could file for support to change. I did petition the judge to please look at situation and hear on it sooner.

My question here is what can I do concerning this paper he has signed, can I have it added to the file already in court and can I take him to court for breach of contract. I am disabled and on fixed income and son came back to me in dire need of clothing and personal care items. His cloths are horrible, not the way dad got him. He will have 6 large scars on his arm for life.

Can I file for mental anguish or something similiar. My children are emotional devastated. Can I sue him and his new wife for this or pain and suffering. I am now having to go back on medications that I have not had to take in 2 years.

There's other issues but I will post them on the right thread, as soon as I figure out which one. It concerns his employeers and this situation. As son was in company van, left unattended for 30 minutes + in heat with no a.c. while dad worked. That is where son got knife from and his bosses knew he had my son with him every day.

Please help, I need to know what I can ask for and do at court tomorrow when I go to file everything.
:confused:
 

LdiJ

Senior Member
You didn't ask a question....and it seems like you got a decent end result. What is the current problem?
 

stealth2

Under the Radar Member
No, I don't think you can sue him for emotional distress. I also doubt that you can sue his employer because he left the kid in the car.
 

LdiJ

Senior Member
stealth2 said:
No, I don't think you can sue him for emotional distress. I also doubt that you can sue his employer because he left the kid in the car.
Arg...she must have posted "part 2" just as I posted my initial response. Its not guaranteed that the employers don't have some liability...I have seen stranger things happen....and I would have to know more about the ins and outs of that before I could truly comment.

However I do agree that she can't sue him for emotional distress. If she could, our court systems across the country would be backed up for YEARS.
 

pammness

Member
Questions...

Pulled from my scond half.....

My question here is what can I do concerning this paper he has signed, can I have it added to the file already in court?

Can I take him to court for breach of contract? This paper states he is to pay sons child support starting July 9th, 2005. I am disabled and on fixed income and son came back to me in dire need of clothing and personal care items. His cloths are horrible, not the way dad got him.


Can I file for mental anguish or something similiar for myself and children against him and his wife? My children are emotional devastated. Can I sue him and his new wife for this or pain and suffering. I am now having to go back on medications that I have not had to take in 2 years.
My son will have 6 large scars on his arm for life.

Also, can I request visitation for him to be canceled until outcome of pending investigation? Or at least superorvised ? Can I get a emergency protective order for me and children ? This mainly due to assault on me and pending abuse investigation. I also might add, they were confronted by docs and they admitted everything my son tld them.

Since no formal charges have been made yet, can he get police to come with him and take son from me ? Different counties involved. Is the hospital letter enough for me to show DSS knows and wanted me to have my son ? :confused:
 

LdiJ

Senior Member
pammness said:
Pulled from my scond half.....

My question here is what can I do concerning this paper he has signed, can I have it added to the file already in court?

Can I take him to court for breach of contract? This paper states he is to pay sons child support starting July 9th, 2005. I am disabled and on fixed income and son came back to me in dire need of clothing and personal care items. His cloths are horrible, not the way dad got him.


Can I file for mental anguish or something similiar for myself and children against him and his wife? My children are emotional devastated. Can I sue him and his new wife for this or pain and suffering. I am now having to go back on medications that I have not had to take in 2 years.
My son will have 6 large scars on his arm for life.

Also, can I request visitation for him to be canceled until outcome of pending investigation? Or at least superorvised ? Can I get a emergency protective order for me and children ? This mainly due to assault on me and pending abuse investigation. I also might add, they were confronted by docs and they admitted everything my son tld them.

Since no formal charges have been made yet, can he get police to come with him and take son from me ? Different counties involved. Is the hospital letter enough for me to show DSS knows and wanted me to have my son ? :confused:
Hon...I honestly think that you most sincerely need an attorney. If you can't afford one and can't get the money from family then at least try Legal Aid....or ask your state bar association for a list of attorneys that are willing to do "pro bono" work.
 

pammness

Member
That was for me...

LdiJ said:
Arg...she must have posted "part 2" just as I posted my initial response. Its not guaranteed that the employers don't have some liability...I have seen stranger things happen....and I would have to know more about the ins and outs of that before I could truly comment.

However I do agree that she can't sue him for emotional distress. If she could, our court systems across the country would be backed up for YEARS.
I am the one who wants to sue him for all he has done to kids.....and me. The ex and his wife have went to every level to torment me. His ex has never had custody of her kids, she didn't lose it, she gave them to her mom. One of the reasons I did not want son there, she made it clear my children were not welcome there.

As for employer. They knew that he has beend doing this since Jan. I only found out he was still doing this after son was hospitalized. Dad told me 6 months ago that had stopped, and son was afraid to tell me any of this plus the abuse. But they were well aware that he was still doing this. If my son had been trying to kill himself, he would have succeeded. He was in company van/truck over an hour that day alone.

He thought he deserved to be treated that way. The ex's new wife beat that lie into him verbally every day. She even threw him out on the street once at midnight.
 

pammness

Member
Due to income...

I am on SSI... Would I have a chance at getting legal aide ?

All I know is this is tearing me inside. My son keeps saying things like he doesn't believe he has any value. I have always showed and reinforced the love for my kids . I taught them that they are a important person in life. My daughters both have high self esteems. My son lost his self worth 5 years ago when his dad deserted him basically and then would lie saying I would not let him see them.

My oldest daughter is distraught. I hated leaving her today but had to get back here for court tomorrow. I have heard of abused people suing there abusers and winning..... :confused:
Doctors say my sons inner scars will go with him through life. I am hoping we can overcome, but these BLANKS need to be punish and pay for what they have done......
Also... I have no real family around, my dad is only one I have and is disabled, paraplegic. He has been on disability for 15 years.... he has nothing... he would if he had, but it just isn't there....
 
Last edited:
My heart goes out to you and your children. First, on SSI, I would think you would qualify for a free attorney. Call your local court house or, better yet, if you can find a bar association located in your town/county/city, they can put you in the right direction. YOU MUST GET AN ATTORNEY. I think your situation is complicated enough that you need proper representation. Don't try to do this yourself.

Secondly, do you have your son covered under any medical insurance? I'm assuming you do. Are you covered? You need to get him in to counseling as often as possible. Not just here and there and not just for meds. But you need to get him in there as often as the insurance will cover. I strongly urge you to go too; either with him or on your own or both. He's young enough that, with you support and guidance, and with the help of a professional, he CAN overcome his inner scars!!!
 

pammness

Member
employer

stealth2 said:
No, I don't think you can sue him for emotional distress. I also doubt that you can sue his employer because he left the kid in the car.
His employer knew that my son has been treated in mental hospitals off and on for 2 + years, Dad had also been called by school many times at work. This is a maintenance vehicle full of tools, knives, razors etc..... and yet they continued to let him bring son, knowing dad would leave him unattended for long periods of time.
 

pammness

Member
Therapy....

I have had my son constantly in therapy for last 4 years. Mainly once a month until last 2 years, that has been either weekly or biweekly, doctors judging that by how well/not well he was doing. I always go with him and have personal sessions for each of us, as well as family, that also includes my daughter. I do have ins. and dad also has through his work, dads pays first, then state medical covers remainder and all of mine. :eek:
 
pammness said:
His employer knew that my son has been treated in mental hospitals off and on for 2 + years, Dad had also been called by school many times at work. This is a maintenance vehicle full of tools, knives, razors etc..... and yet they continued to let him bring son, knowing dad would leave him unattended for long periods of time.
I disagree with Stealth. But you really, really need to talk to an attorney to know for sure. I think, however, that a company has a liability exposure there if they knew they had a person in that vehicle that was NOT an employee.

Stealth, as a hypothetical, suppose one of those sharp or heavy objects happened to accidently fall on a passenger who was riding in a company owned vehicle and was NOT an employee. If they were an employee, obviously injuries would be covered under workers comp (limiting exposure to expensive pain and suffering type litigation. If, however, the passenger who was hurt wasn't an employee, there is nothing to proclude the individual from suing the company for punitive damages.
 

pammness

Member
Plus...

This is not a case of an adult who made a choice to get in vehicle knowing they were not covered, this is a child forced to do so, when he complained they (ex and wife) screamed at him to get out of house if he wouldn't listen or they would have him locked up in detention. This is a 13 y/o boyWho up until the last few months still worshipped his dad blindly..... :(
 
pammness said:
I have had my son constantly in therapy for last 4 years. Mainly once a month until last 2 years, that has been either weekly or biweekly, doctors judging that by how well/not well he was doing. I always go with him and have personal sessions for each of us, as well as family, that also includes my daughter. I do have ins. and dad also has through his work, dads pays first, then state medical covers remainder and all of mine. :eek:
Awesome!!! Then trust he'll get through this from an emotional standpoint. I'm glad you're doing that for him. Positive reinforcement from your end. It only takes one good parent for these kids to turn out okay. Don't forget that!!! I know you're going through a really rough time right now. But you're doing the right things for your kids!!! I wish I could offer more from a legal perspective, but your case is complicated enough that it would be a disservice to you and the kids not to get an attorney. Sending hugs your way! :)
 

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