Barbara L. Corey's Answers

Do we need a lawyer to get emergancy custody of my husband's son?

1. You will need a lawyer to get temporary custody ----- it is not at all clear from your question what custody (joint ?)/visitation rights, your husband has. Emergency/temporary orders are available as are actions by police and CPS. 2. If the environment is totally unsafe, then some one with first hand knowledge (whoever is giving you this information) should call the police and get them involved. Children likely will be removed and if you work with authorities and are cleared for a...

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I need help to get my child away from abusive ex husband.

CPS clearly is not your best resource and certainly is not your only resource. It is essential to have the injuries (bruises, etc.) documented by a neutral party, best party is the child's physician/nurse practitioner. However, based on the child's words describing how he received the injuries and your own observations of the injuries, you should be able to get an emergency temporary order of protection (or some similarly named document in your jurisdiction). In addition, you must contact...

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If a mother is hitting their child multiple times for no reason than would that count as abuse?

From the perspective of the law, there has to be more to this situation than meets the eye. It certainly appears to be abuse if there is "no reason." Most jurisdictions allow for "reasonable parental discipline" which permits physical punishment (however repugnant most parents find it). However, the phrasing of the question raises red flags. If a mother truly repeatedly hits her child for no reason, then "yes" she is assaulting the child. Assault is abuse by any name.

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If a minor is being abused at home, is he/she immediately put into foster care, or can he/she move in with a relative or friend?

The Child Protective Services will determine the safest environment for the minor. There is a strong preference for relative placement if that is the most appropriate. The parent or close family member must make CPS aware of family options so that there investigation may be quickly done. However, one must be cognizant that in such circumstances the Department may, out of an abundance of caution, place the children state foster care for a night or two.

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Is there a statue of limitations on abuse in fostercare

The short is yes. The longer and specific answer to this question depends entirely upon the jurisdiction in which you lived at the time the abuse occurred. This is sp because the statutes of limitation [SOL] vary widely from jurisdiction to jurisdiction. An attorney will determine the length of the SOL which applies to you. You will then know whether you have any actionable claim.

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If someone was charged with battery and dwelling assult, I was the victim. Can I drop the charges without state picking them up?

The short answer is "NO". The reason for the answer is that you are not the charging authority. Rather you are merely a witness. You have no authority to charge, negotiate a resolution, proceed to trial, amend the charges, enter into a plea bargain. As a victim, you may provide in-put to the prosecutor but the prosecutor is not obligated to consider your opinions.