My son has been going to see both a child psychologist and a therapist for the past couple of months and has recently began telling us that he is being abused by his father and he does not want to see him anymore. Details thus far have included that he hit him in the back of the head hard enough that he saw stars and got a headache, he slaps him in the face, calls him names like "fat***" and dumb***, has gotten in his face and yelled f*** you at him, and says inappropriate things and makes racial and homophobic slurs in front of him. He says he is afraid of him and thinks his girlfriend is as well but she won't admit it. There has been a history of domestic violence against me and my older son which resulted in 2 restraining orders. CPS has been notified and won't do anything.
You don't say what the custody order is. Do you have joint custody, with physical custody to you and visitation to the father? You can seek to modify custody, as my colleague has suggested, but really, from your question, you are looking to modify visitation, not custody. If, however, there is joint custody, you will want to modify that to sole custody. From your limited facts here, there is enough that CPS should be acting -- not sure why they're not but once a case is started, perhaps a court will order an investigation. In the meantime, you need to consult with a good family attorney so that you can make sure you get the proper representation to protect you and your children. Discuss the facts with the attorney. He or she will know if you need to modify custody or visitation or both. You may have to limit the father to supervised visitation and in rare cases, there can be no visitation. Your attorney will know what to file for you. Best of luck!
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Family Law Attorney
You can file to modify custody. You should probably ask that a custody evaluation be done by a psychologist and the report submitted to the court.
Every situation is different and you should consult your own attorney to go over all the particular facts in your case. The answer given is only intended to provide general guidance regarding rights and responsibilities.