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 of your case.
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.
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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.
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
Ardmore, PA 19003
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