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mom is putting son in danger

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maddhatter89

Junior Member
What is the name of your state (only U.S. law)? Missouri

In maybe April of last year, dad sent 4 year old son to see mom per visitation agreement. When mom brought son back home (dad has primary custody) dad was informed that moms boyfriend had picked up the 4 year old by his face and thrown him across the room into a couch. The son, now 5, still remembers this vividly. He's currently in counceling for that. Another incident about a month or 2 before that happened where moms boyfriend hit the son on the top of his head with a belt. We did call DFS for the belt incident, they closed the case saying they couldn't do anything since there wasn't enough proof, but mom asked dad to call the police and press charges, she was informed that dad can't because he didn't witness it, she had to do it. She said she would. Thanksgiving comes around and turns out she's back with the man who abused her and her son AND she never pressed charges. She's been confronted but lies through her teeth saying it's not true. Dad just found out for certain that she is lying and that she is indeed back with the man who put his son in therapy because of the abuse he's been through and seen happen to his mother and is also taking her son back around him every other weekend when she takes him.

Dad and I are livid. What is dad's right within the law to prevent the little boy from getting hurt again until we take her back to court?
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Missouri

In maybe April of last year, dad sent 4 year old son to see mom per visitation agreement. When mom brought son back home (dad has primary custody) dad was informed that moms boyfriend had picked up the 4 year old by his face and thrown him across the room into a couch. The son, now 5, still remembers this vividly. He's currently in counceling for that. Another incident about a month or 2 before that happened where moms boyfriend hit the son on the top of his head with a belt. We did call DFS for the belt incident, they closed the case saying they couldn't do anything since there wasn't enough proof, but mom asked dad to call the police and press charges, she was informed that dad can't because he didn't witness it, she had to do it. She said she would. Thanksgiving comes around and turns out she's back with the man who abused her and her son AND she never pressed charges. She's been confronted but lies through her teeth saying it's not true. Dad just found out for certain that she is lying and that she is indeed back with the man who put his son in therapy because of the abuse he's been through and seen happen to his mother and is also taking her son back around him every other weekend when she takes him.

Dad and I are livid. What is dad's right within the law to prevent the little boy from getting hurt again until we take her back to court?

"we"?

With no conviction and no DFS findings, Dad is going to need a lot of proof.

And somebody appears to be a little confused. There is no reason why Dad couldn't have filed a police report. Think about it.
 

maddhatter89

Junior Member
"we"?

With no conviction and no DFS findings, Dad is going to need a lot of proof.

And somebody appears to be a little confused. There is no reason why Dad couldn't have filed a police report. Think about it.

Dad tried and was asked if he witnessed it and said no. The son is autistic so he was unable to speak enough for himself to talk to an officer to tell him what happened in order to make said report. He still remembers it now over a year later, I'm going to see what the statute of limitations is in MO for filling for such things and see if we can finally file now that the child can speak enough words to tell his side.

and I apologize about the we. I've been in my step-sons life for almost 5 years now, he refuses to call mother mom, despite our asking and prodding him too, he always calls me mom because to him, that's what I am. It's incredibly hard to stop saying we, especially when a 5 year old cries and begs us to not go over there every time he realizes it's his weekend to go see her. I tried as hard as I could to remember to say dad instead of we.
 
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Proserpina

Senior Member
Dad tried and was asked if he witnessed it and said no. The son is autistic so he was unable to speak enough for himself to talk to an officer to tell him what happened in order to make said report. He still remembers it now over a year later, I'm going to see what the statute of limitations is in MO for filling for such things and see if we can finally file now that the child can speak enough words to tell his side.
That's a really tough situation. Little boy who was essentially non-verbal - Dad has him in counseling though.

and I apologize about the we. I've been in my step-sons life for almost 5 years now, he refuses to call mother mom, despite our asking and prodding him too, he always calls me mom because to him, that's what I am. It's incredibly hard to stop saying we, especially when a 5 year old cries and begs us to not go over there every time he realizes it's his weekend to go see her. I tried as hard as I could to remember to say dad instead of we.

As a step myself (granted, my two are adults), I know where you're coming from. To that child, even if he called you King Fred, he's going to see you as being as much of a parent as Dad and Mom. But moving along...I really, really think Dad needs to high-tail it to an attorney as soon as possible. Like tomorrow. This is tricky and I'm just not convinced you're going to get much in the way of practical help here, unfortunately.

Attorney. First thing in the morning. Explain exactly what you've said here.

Good luck - this is quite awful.
 

maddhatter89

Junior Member
That's a really tough situation. Little boy who was essentially non-verbal - Dad has him in counseling though.




As a step myself (granted, my two are adults), I know where you're coming from. To that child, even if he called you King Fred, he's going to see you as being as much of a parent as Dad and Mom. But moving along...I really, really think Dad needs to high-tail it to an attorney as soon as possible. Like tomorrow. This is tricky and I'm just not convinced you're going to get much in the way of practical help here, unfortunately.

Attorney. First thing in the morning. Explain exactly what you've said here.

Good luck - this is quite awful.
When it happened, he was non-verbal. he is now. I just called my local PD and they said there's no statute of limitations, so I'm going to be taking the boy tomorrow to work up a report with the PD, Dad is going to speak to an attorney, and I'm going to be making phone calls for a PI to tail mom and get more definitive proof that she's still with that guy that the judge can't even attempt to throw out in court.
 

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