What action can a concerned parent take to investigate possible child abuse under CA child custody laws

Irvine, CA Viewed 434 times. Posted 11 months ago in Family

Child Abuse: I have custody orders for 5 years my child is now 7. We have 50/50 legal and physical. Her father is beginning to lose his patience and she was sent home with grabb marks on her arms that took several days to go away. I am worried to report him to Child services because i dont know the procedure but i am beginning to be afraid for her because he screams and beggins to hit the walls in front of her. He is losing patience more often and i get the phone calls asking for help. She no longer wants to visit him and cries every time she has to go see him. His girlfriend adds to it and always tells her she is ruining her life. Is this big enough to even begin and investigation w child services? or is it best to be left alone. Now he is beggining to make his own rules and not honor the visiting arrangement , he wants to keep her any weekend he wants. Please Advise

Answers (3)

Marshall William Waller

This attorney is licensed in California. Posted 11 months ago.

If you suspect that your child is being abused at the hands of her father and you fail to take action to protect her, you run the risk of Child Protective Services, once they do become involved, turning their attention on you as well as a parent in need of counseling and guidance. In other words, they might want to remoive your child from your home as well. You need to address this issue with the court as soon as possible and ask the court to step in and modify or restrict your husband's contact with your daughter. If you are unable to afford an attorney to help you with this, and if you feel unable to handle it on your own, you should call Child Protective Services, who will see your behavior as being pro-active. Good luck.

Debra Sarah White

This attorney is licensed in California. Posted 9 months ago.

Mr. Waller provided you with very sound advise. I am a criminal defense attorney who often deals with CPS and child custody issues as part of my criminal cases. If you file a complaint with CPS, they will conduct an investigation. The outcome of the investigation will be determined as either "substantiated" or 'unsubstantiated". If substantiated, they will take further action and may prevent him from seeing your child until there can be a resolution that ensures her safety during visits with her father. They may even turn the case over to the District Attorney's office for filing criminal charges of abuse. All of these actions will have a bearing on child custody issues, but those are issues that will be also need to be addressed in family court. You should definitely seek counsel from a competent family law attorney who can assist you in (at least) the process in family court if you seek to change the terms of custody. If the child's father is prosecuted, you may become a witness, and may have to testify in a criminal court. If you have evidence of abuse, you should try to take pictures and, above all, protect your child first!

Best regards,
Debra S. White

www.MyCriminalDefender.com

Linda Kaye Frieder

This attorney is licensed in California. Posted 9 months ago.

While I believe you should contact DCSS, if you are concerned about the ramifications and stigma surrounding DCSS, you should file an order to show cause asking the court to restrict and/or request supervised visitation during the father's custodial time. The family court has a self help center on the first floor. If you are too distraught to do this on your own, seek the assistance of a family lawyer.

Linda K. Frieder, Esq.