What can I do and can I be held in contempt for denying visitation for childs refusal and my fear for my child's safety?

[Babycakes0120]

What is the name of your state? What is the name of your state?
FL

Extremely long story short. My son father came into our son's life at 3 yrs old, currently has weekend visitations. My Child expresses fear and abuse to his family as he has been for the 2 years he's visited his father and his fathers wife and this time he simply refuses to go and I didn't send him Ironically dcf came to my home yet again for the 8-10 time with allegations of abuse against myself, my child expressed to her his fear and the abuse (mental and physical) and she has major concerns for my child in the father's home. She Will be opening her own dcf case against the father (2nd caseworker to do so). Father's previous cases were closed but reports do show concerns for child's safety due to the patterns of father and wife and extensive criminal history's including aggravated assualt and batteries. Phone logs show consistent patterns of assualt and attempted suicide. I truly believe my child is in danger. I was advised to file injunctions on father and wife against my child. Wifes was denied. Court date was set for father's. Tried to file emergency modification of time-sharing, no self help emergency forms to file. Filing modification. But what else can I do?

 

[commentator]

Get an attorney.

 

[justalayman]

If you can support a valid claim of fear for your child’s safety, you could withhold visitation. The problem is if the court doesn’t accept your argument, you could be found to be in contempt of court. It’s a crapshoot.

Are there any physical signs of abuse of the child?

I don’t see much in your statements that really supports a fear of the child being in danger other than the general statement purporting the child has said he is being abused. How is the child being abused?

. It sounds like the other household is not a happy place but you haven’t stated anything that really supports a claim the child is in danger, to me anyway.

 

[LdiJ]

If you can support a valid claim of fear for your child’s safety, you could withhold visitation. The problem is if the court doesn’t accept your argument, you could be found to be in contempt of court. It’s a crapshoot.

Are there any physical signs of abuse of the child?

I don’t see much in your statements that really supports a fear of the child being in danger other than the general statement purporting the child has said he is being abused. How is the child being abused?

. It sounds like the other household is not a happy place but you haven’t stated anything that really supports a claim the child is in danger, to me anyway.

She did say "extremely long story short" so its pretty clear that there are details she left out. I don't believe that it merits such discouragement on your part. In fact, I don't think that anyone should be discouraged like that when the child is claiming to be abused.

However, I agree with commentator that the OP really needs an attorney.

 

[justalayman]

She did say "extremely long story short" so its pretty clear that there are details she left out. I don't believe that it merits such discouragement on your part. In fact, I don't think that anyone should be discouraged like that when the child is claiming to be abused.

However, I agree with commentator that the OP really needs an attorney.

Discouragement?



You do realize op asked if she can be held in contempt for violating the court order, right?
You do realize the answer is yes she can if the court doesn’t agree with her reason, right?

I don’t see a basis for her fear based on what she stated here but also asked if there are any signs of actual abuse. If there is, it would be very important. Without something more than the generic statements made, I don’t see support for her argument.

If there is more to the story op can consider that additional info when making her decision.


The fact is she isn’t likely to be able to speak with an attorney before she needs to make her decision to retain the child. I gave her what little could be given given the information provided.

 

[LdiJ]

Discouragement?



You do realize op asked if she can be held in contempt for violating the court order, right?
You do realize the answer is yes she can if the court doesn’t agree with her reason, right?

I don’t see a basis for her fear based on what she stated here but also asked if there are any signs of actual abuse. If there is, it would be very important. Without something more than the generic statements made, I don’t see support for her argument.

If there is more to the story op can consider that additional info when making her decision.


The fact is she isn’t likely to be able to speak with an attorney before she needs to make her decision to retain the child. I gave her what little could be given given the information provided.

If you try re-reading what you wrote, pretending that someone else wrote it, I think that you would better understand how discouraging you sounded.

 

[justalayman]

If you try re-reading what you wrote, pretending that someone else wrote it, I think that you would better understand how discouraging you sounded.

I wrote precisely what I intended to write. If you see it as discouraging, well, that’s your perception. I see it as lacking emotional input. Given the fact cps has investigated twice and found no basis for a claim of abuse, the op has not provided any actual support of abuse let alone proof other than a 5 year old child saying they’re being abused, and the op was refused an ro against the step mother...

If the cps investigator believed harm was imminent, they would be derelict in their duties if they didn’t immediately seek suspension of the visits with the father, yet they have not done so...

And this all coming from a person that is obviously at war with the other parent...

Well, I wrote what I meant to convey. If she withholds the child and cannot convince the court there was a valid basis for it, she can be held in contempt.

Personally, if I believed my child was truly at risk I would risk fines or even jail to protect them but I cannot suggest another person do the same. I stated what I did so op could weigh her options and make her own choice. She does risk being held in contempt if the court doesn’t see a valid basis for withholding the child. Op needs to be aware of that.

 

[commentator]

Something about the way this is worded, something about her presentation isn't convincing me that she believes the child is in danger as much as she says. Something about keeping phone logs and looking for forms on the internet and now she's filed something already.....filing against the wife first .....if this OP is truly worried, and has done this due to her firm conviction that her child is in danger, and she's already filed something against the wife that has been denied, father's is coming up...she needs to get more help and new eyes on the case before going back to court.

 

[t74]

Posting hx. She was told repeatedly to get an attorney in past thread.

OP, stop being a drama queen and approach your concerns like an adult. Get professional help in assessing the true situation. If you weere truly concerned about abuse, you would have sought medical and/or psychological help for your child.

 

[stealth2]

Thx for the p/x reminder, t74. I find it curious that, in the 2+ mos OP's been posting, this is the first mention of fear or abuse.

 

[not2cleverRed]

If you try re-reading what you wrote, pretending that someone else wrote it, I think that you would better understand how discouraging you sounded.

Some people need to be discouraged.

Unsubstantiated vague accusations of abuse fall in that category.

If there were a real concern, she would have lead with that in her first thread: https://forum.freeadvice.com/threads/child-exchange.653276/

Posting hx. She was told repeatedly to get an attorney in past thread.

OP, stop being a drama queen and approach your concerns like an adult. Get professional help in assessing the true situation. If you weere truly concerned about abuse, you would have sought medical and/or psychological help for your child.

Just to reiterate: the professional help would be medical/psychological. While legal help would be a good thing too, without a professional assessment of the situation, babycakes has nothing, and will indeed come off in court as yet-another-drama-llama.

 

[t74]

OP, you need to remember that the individual being hurt the most by your and dad's inability to get along - at least cordially - is your shared child. Learn to discuss your concerns and work in the best interest of your shared child.