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Temporary Custody due to Alleged Abuse

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Virginia
Father needs some advice please, tried to keep this brief. Mother/Father have joint custody with mother having primary. 14-year old daughter told father that she and mother had argument last week about failing grades, daughter used profanity and called mother a B, mother slapped daughter, daughter tried to run out the door, mother grabbed daughter’s arm and created a 4-finger bruise on the upper arm. Daughter informed school guidance counselor the next morning, who in turn reported it to social services. Social services interviewed daughter yesterday at school, showed bruise and said she wanted to live with dad. Case worker called and left message for mother at home. After mother heard message, another argument, mother told father to come get daughter.

When he arrived (45 minutes apart), mother informed father daughter was not going with father, her and daughter prepared a “constitution” that states the following: Daughter gets cell phone back, allowed to have friends and boyfriend over when mother not home (mother put daughter on the pill last month without father's knowledge), mother will treat daughter like she’s 17 and a half (not sure why that age was picked) and she can come and go as she pleases between mother and father, mother will not ride daughter about grades anymore…if she fails it’s daughter’s problem, daughter does not have to go to school tomorrow, but gets to go to school with mother (she’s an elementary school teacher) and daughter is failing 3 classes and has missed 8 days of school already. Father has issues with several of these items, particularly the schedule and school items, and is not sure if it was meant to quiet the daughter about the issue, or what. Father was planning on filing for temporary custody until the abuse issue is resolved with social services, regardless of what mom and daughter have agreed to. Is father overreacting? Is it a waste of time for him to file? Would the mother/daughter agreement have a bearing on the case at all?
Thank you for your help.
 


CJane

Senior Member
Dad could file due to the schooling issues but her getting slapped was not abuse.
This is an excellent thread to remind people that a CPS case being opened does not mean abuse was found - only alleged - and that EVEN IF abuse IS found, it's not a gateway to custody.

I'm wondering how long the child has been failing in school and having behavior issues and why dad hasn't stepped up til now.
 
First quarter report cards just came out, so dad just found out. Honestly, I think it's hard for dad to know when to step in legally and when to let things go. Seems to be lots of drama at mom's, not that it should be considered when custody is concerned. Daughter could have blackmailed mom, or mom could have bribed daughter, or both...it's an unfortunate situation all the way around. Thank you for your responses.
 

StampGirl

Senior Member
Lots of drama?? Of course there is. There is a teenage girl involved!! ha ha

Parents should have known about grades before the report card came out. My kids all get progress reports mid-quarter.
 

Ohiogal

Queen Bee
First quarter report cards just came out, so dad just found out. Honestly, I think it's hard for dad to know when to step in legally and when to let things go. Seems to be lots of drama at mom's, not that it should be considered when custody is concerned. Daughter could have blackmailed mom, or mom could have bribed daughter, or both...it's an unfortunate situation all the way around. Thank you for your responses.
Okay who the heck are you? First post I thought you were dad who was just using the royal "dad" thing to refer. Now I have no clue. dad could have been in contact with the school all through this quarter. Daughter could have blackmailed mother? Ummm well then dad should know that about his daughter quite frankly. How involved is dad?
And CJane is right -- calling CPS is NOT a gateway to custody and with an OPEN CPS case most likely custody will not be heard in domestic until CPS closes their investigation.
 

CJane

Senior Member
Daughter reported the incident thru school, not Dad. Dad is involved, it's a sad situation all the way around. Happy Thanksgiving.
Daughter, quite frankly, sounds like a manipulative little brat who reported discipline as abuse and is now using it as leverage and mom AND dad are letting her.

She's going to be a stellar human being when she's grown, I'm sure.
 

TinkerBelleLuvr

Senior Member
This is one of those time when it would be nice if the adults acted like adults and were the adults.

Not legal here:
Dad - quit making mom feel threatened in her position of being the custodial parent. And before you get huffy on me, I'll explain.

The kids can only manipulate parents who allow themselves to be manipulated. With my boys' dad, I could call him AND talk to him about any problems I was having with (fill in the blank.) He would BACK ME in any decision so that the kids couldn't play any games. We talked about what a reasonable punishment was for the (name the crime.) No unilateral decisions because he knew that his input was important. I didn't feel threatened that everytime there was a problem, he would swoop in and take custody. We remain friends. Even though the boys are now adults, we still call each other every few months to check up on each other. Then, I'll relay the info to the kids when I talk to them. (PS - I think they call their mother more often.)

Now, with my girls' dad, can't say the same. It's been a power struggle. I can't work with him one iota. Okay, couldn't when I was married to him either. We parallel parent - not co-parent. THAT is a problem.

I have seen it both ways.

Find a way to put out an olive branch to help your child. AND don't threaten this with court if you really love your daughter. Find a way to work with mom.
 

Silverplum

Senior Member
Most excellent post, Ginny! Not surprised, just complimentary. :)

Seconded.

(Notice how I let you do the work, then I just type "Seconded" and frolic off! :p)
 

LdiJ

Senior Member
Dad could file due to the schooling issues but her getting slapped was not abuse.
In this day and age, I am not sure that we can trust that a caseworker would not decide that was abuse.

There was a mother here in Indy who slapped her sixteen year old for calling her the B word, and the 16 year old told her school counselor, who in turn called CPS, and the end result was mom getting charged with a felony.
 

CJane

Senior Member
In this day and age, I am not sure that we can trust that a caseworker would not decide that was abuse.

There was a mother here in Indy who slapped her sixteen year old for calling her the B word, and the 16 year old told her school counselor, who in turn called CPS, and the end result was mom getting charged with a felony.
Question: Was it assault or child abuse?
 

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