Immigration/child abuse/potential adoption case

[mlndkandee]

I live in Maine, and as you can see from the subject line this is kind of complicated.
I am an American citizen, my son (lets call him Bob) has befriended a boy from Russia (we'll call him Ivan) who has been in the states for a year now. His mother (we'll call her Sue)married an American (I can't repeat what I call him, so let's just call him Fred)and Fred brought them back here to America with him.
Here's the problem. Fred is verbally and physically abusive to Ivan. Fred is also a big name in the town we live in, and he's great friends with the police. So when Ivan went to the police because he had marks on his neck where Fred had tried to choke him...they blew the kid off. Nothing was done about it. This has been an ongoing problem for the last year. Ivan and Bob have been friends for about 10 months now, so I've seen a lot of this and not really known what to do. Since Ivan isn't an American I've been afraid that he would end up being sent back to Russia instead of the usual procedures for child abuse cases.
Here's where the problem gets fun. The night before Thanksgiving Ivan shows up at my door saying he's been kicked out and can he stay with me. Well, what do you think I said? He's been here ever since. MY Thanksgiving was spent talking with Sue to see what could be done with the situation. Turns out she was the one that kicked him out and she didn't want him back. Well TONIGHT she shows up at my house saying Ivan has to come home. Seems that Fred isn't giving her money for him any more. And she needs his help around the house. He doesn't want to go home for obvious reasons, and he told her this. She says if he doesn't go home by tomorrow after school, she will call the cops. Oh, by the way, Sue told us tonight that Fred doesn't even know Ivan's not there. It's been almost 2 weeks and he doesn't know the kid is even gone! So, I figure, the cops will either be physically hauling him out of here, arresting me, or both depending on what kind of mood Fred is in. I've made him "look bad" after all. Problem is, I'm just stubborn enough to fight for the kid, because I can't with a clear conscience just hand him back over to an abusive situation like that. I don't have a problem with him living here...if necessary to keep him in the country I'd even go so far as adopting him. But I'm in DESPERATE need of some SERIOUS legal advice. If anyone has some helpful suggestions, I'd very much appreciate it. Thanks.

 

[LegalBeagle]

I live in Maine, and as you can see from the subject line this is kind of complicated.
I am an American citizen, my son (lets call him Bob) has befriended a boy from Russia (we'll call him Ivan) who has been in the states for a year now. His mother (we'll call her Sue)married an American (I can't repeat what I call him, so let's just call him Fred)and Fred brought them back here to America with him.
Here's the problem. Fred is verbally and physically abusive to Ivan. Fred is also a big name in the town we live in, and he's great friends with the police. So when Ivan went to the police because he had marks on his neck where Fred had tried to choke him...they blew the kid off. Nothing was done about it. This has been an ongoing problem for the last year. Ivan and Bob have been friends for about 10 months now, so I've seen a lot of this and not really known what to do. Since Ivan isn't an American I've been afraid that he would end up being sent back to Russia instead of the usual procedures for child abuse cases.
Here's where the problem gets fun. The night before Thanksgiving Ivan shows up at my door saying he's been kicked out and can he stay with me. Well, what do you think I said? He's been here ever since. MY Thanksgiving was spent talking with Sue to see what could be done with the situation. Turns out she was the one that kicked him out and she didn't want him back. Well TONIGHT she shows up at my house saying Ivan has to come home. Seems that Fred isn't giving her money for him any more. And she needs his help around the house. He doesn't want to go home for obvious reasons, and he told her this. She says if he doesn't go home by tomorrow after school, she will call the cops. Oh, by the way, Sue told us tonight that Fred doesn't even know Ivan's not there. It's been almost 2 weeks and he doesn't know the kid is even gone! So, I figure, the cops will either be physically hauling him out of here, arresting me, or both depending on what kind of mood Fred is in. I've made him "look bad" after all. Problem is, I'm just stubborn enough to fight for the kid, because I can't with a clear conscience just hand him back over to an abusive situation like that. I don't have a problem with him living here...if necessary to keep him in the country I'd even go so far as adopting him. But I'm in DESPERATE need of some SERIOUS legal advice. If anyone has some helpful suggestions, I'd very much appreciate it. Thanks.

You are in a difficult situation.. have you or Ivan called CPS ? .. What proof, today, is there of this abuse ? Is Sue and Fred still living together ? I presume not since Fred wants to stop giving Sue money ??

 

[mlndkandee]

Reply to LegalBeagle

Hi LegalBeagle,
Thanks for responding. Yes, Ivan and I both spoke with a CPS worker last night. Her answer to us was that because any physical abuse is now so far in the past, and when he went to the police with it they did not document it (because Fred is tight with the local P.D.) <<A month ago he choked the boy, left marks on his neck. Ivan went to the police. Not only did they NOT take any pictures, they accepted Fred's excuse that he was "restraining" Ivan because he was getting "out of control".>> I need to mention for the record that Ivan is 15 and almost 6'tall. Fred is 64 and about 5'6". If the boy wanted to, I'm sure he could retaliate. He wont. Point of interest, Ivan's mother is 42. Fred has told the police that Ivan is an out of control child, basically a "street hoodlum" type. *shrug* he's been here almost 2 weeks, and he's barely left the house. But you see what the stepfather has set him up for. Destroyed his credibility. Yes, he and Sue are still together. He works, she does not. She is still learning English. He gives her an allowance every month. He is not giving her "extra" money for her son anymore (I guess groceries, clothes, etc for his stepson constitutes "extra" money to him). So now she wants him back in the house. She told me Thanksgiving day that she had to choose between her husband and her son. And she chose to keep her husband. At this point, it's looking like I'm going to have to hand him back over tonight. That's the deadline Sue set for him to be back in the house.There is currently NO physical evidence of abuse. He'll have to go home and aquire some more before anything can be done, unfortunately.

 

[LegalBeagle]

Re: Reply to LegalBeagle

Hi LegalBeagle,
Thanks for responding. Yes, Ivan and I both spoke with a CPS worker last night. Her answer to us was that because any physical abuse is now so far in the past, and when he went to the police with it they did not document it (because Fred is tight with the local P.D.) <<A month ago he choked the boy, left marks on his neck. Ivan went to the police. Not only did they NOT take any pictures, they accepted Fred's excuse that he was "restraining" Ivan because he was getting "out of control".>> I need to mention for the record that Ivan is 15 and almost 6'tall. Fred is 64 and about 5'6". If the boy wanted to, I'm sure he could retaliate. He wont. Point of interest, Ivan's mother is 42. Fred has told the police that Ivan is an out of control child, basically a "street hoodlum" type. *shrug* he's been here almost 2 weeks, and he's barely left the house. But you see what the stepfather has set him up for. Destroyed his credibility. Yes, he and Sue are still together. He works, she does not. She is still learning English. He gives her an allowance every month. He is not giving her "extra" money for her son anymore (I guess groceries, clothes, etc for his stepson constitutes "extra" money to him). So now she wants him back in the house. She told me Thanksgiving day that she had to choose between her husband and her son. And she chose to keep her husband. At this point, it's looking like I'm going to have to hand him back over tonight. That's the deadline Sue set for him to be back in the house.There is currently NO physical evidence of abuse. He'll have to go home and aquire some more before anything can be done, unfortunately.

Looks like Sue is scared of upseting Fred for fear of deportation. It is a very common thing that men will bring someone over from Russia or Asia and then just abuse them. They think they have little recourse.. however, they have one thing that can keep them in the US and that is if you can show abuse by the USC. Then the INS will waive the requirements and allow them to stay regardless of divorce. I wonder if Sue is being abused too..

Unfortunately there is little you can do until the next time. You need proof of abuse and the moment you do, I suggest you either get CPS involved or go to the next major town and report the situation about the police not doing anything. There is no law that protects Fred from abusing his child regardless of the childs behavoir.

 

[mlndkandee]

Reply, Part 2

LegalBeagle
Yes, that was pretty much what I had been thinking. Before Ivan leaves here I am giving him the 800 number for CPS. I also strongly encouraged him to talk to his counselor at school this morning and tell her EVERYTHING that has been going on lately. Seems the school didn't even know where he has been living lately, but knew it wasn't his parent's house. I'm debating calling her myself once I get to work, which I have to leave for shortly. Hopefully he does this so the school also has a record of this situation.
Thank you for your help, and your time!

 

[LegalBeagle]

Re: Reply, Part 2

LegalBeagle
Yes, that was pretty much what I had been thinking. Before Ivan leaves here I am giving him the 800 number for CPS. I also strongly encouraged him to talk to his counselor at school this morning and tell her EVERYTHING that has been going on lately. Seems the school didn't even know where he has been living lately, but knew it wasn't his parent's house. I'm debating calling her myself once I get to work, which I have to leave for shortly. Hopefully he does this so the school also has a record of this situation.
Thank you for your help, and your time!

I would suggest you do not call the school yet. Let Ivan handle it and have him tell them they are free to call you if they need to...