Does he have a case? And will he get the Emergency custody ?

Asked almost 2 years ago - Mckeesport, PA

My boyfriends daughter spent the last few days with me. Shes 2 years old and i would tell her its time to change her diaper she would start crying and telling me shes sorry shes sorry. She has trouble sleeping and woke up in the middle of the night crying and once again telling me she was sorry. I asked her whats wrong and she told me she was scared. I asked her of what? and she responded with Mommy.. One several occasions i would be with Her and her mother and her mother would threaten to beat her butt. Or she would smack her, across her face, in her head, anywhere she could reach at that point in time. My boyfriends wants to file an Emergency Custody Order. But would he have enough facts to get custody of her?

Attorney answers (4)

  1. Alyssa Harland Knisely

    Contributor Level 6

    5

    Lawyers agree

    Answered . I'm assuming based on the facts that we feel the mother has been physically abusive? If there are physical signs, take photos in a well lit area. Contact the police. If no signs of abuse, then have her seen by a counselor. Tell the mother you're doing it. She has shared legal custody. Have your suspicions verified by a credible third party. If you do, your case for emergency relief will be much stronger.

    Responses on AVVO do not create an attorney-client relationship. You shold consult with counsel for a full review... more
  2. Sheryl R Rentz

    Pro

    Contributor Level 6

    5

    Lawyers agree

    Answered . He needs to contact an attorney. Are there other indications of possible abuse? A parent has the right to discipline their child but not abuse them. If there is a daycare provide have your boyfriend speak to them. The courts want definite evidence. Consider a therapist to determine if there are any facts and have the therapist write a report.

    Sheryl R. Rentz
    326 West Lancaster Ave
    Suite 100
    Ardmore, PA 19003
    610-645-0100

  3. Jay Bodzin

    Contributor Level 20

    3

    Lawyers agree

    Answered . There's no way to predict with certainty the outcome of any court case, even if you know all the facts and certainly not just based on a paragraph of information over the internet. Your boyfriend needs to consult in private with an attorney, immediately. Most likely, part of the process will involve having the child evaluated by a counselor, therapist, or other mental health professional. Courts defer to the judgment of these professionals quite a lot.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  4. Karen Tallent Munzer

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . According to the facts presented, you have witnessed the mother hitting a young child in the head and on the face. It would be negligent of a parent to not address this situation. Consult with a family attorney ASAP. The child should be seen by a child therapist to ascertain what is going on. A child therapist is a mandatory reporter of abuse. If there is an abusive situation and the child is at risk , protective services will need to enter the picture.
    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

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