Please help step daughter is being abused and constantly moving

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Albb

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Hi,

My husband has a nine year old daughter that is in need of help. We are currently in a custody issue with his ex for majority custody of his daughter.
We wen to court in October of 2011 and the judge awarded joint custody with the mother having the child during the school year. She had moved from Az out to CO. She moved in jan of 2011zAt the time of the move custody had not been established. She took his daughter without permission but since there was no custody in place; we couldn't do anything.
Since the hearing in October we had to take the mom back to court for failure to put his daughter on the plane for visitation over thanksgiving. There was a hearing in jan of 2012 where some stiffer rules were set in place. The mom is supposed to do weekly updates on his daughter, allow phone contact 3 times a week etc.

The mom is not a good mom. She hits all her kids (2 are not my husbands) there is a police report for one of the instances when she hit my husbands daughter badly. She also moved her mid semester to another school. My husband had asked her more than once about moving and she said she wasn't (his daughter kept saying she was moving). The day before she moved, she called my husband and said she was moving and since it was in the same state, she didn't have to tell my husband (however the court order does state if his daughter is changing schools, the mom must talk to the dad).
She has been in three schools in two years. She is almost two years behind in at least one subject. Her grades this last term were all C's and d's.
We just found out today (from his daughter) that her mom is planning on moving out of state so she has to go to another school. Her mom told her not to tell us but she was so unhappy. She wants to live with us and go to school out here with us.
Currently there is a motion sitting at the court for emergency orders (for the abuse and other court violations) plus there was another motion added for the last move in state.
We still haven't heard anything. What can we do? Her life is so unstable out with her mom and I don't think just because she has siblings out there, that warrants her to stay out there. Her mom has had a few boyfriends and moved in with a guy a few months after dating him (hence the daughter moving schools). She doesn't put her kids well being first or even second. My husband's daughter is miserable, sad and although she loves her mom, she called her a horrible parent (since she hits her, yells at her, ignores her, doesn't help her with schoo, leaves her home alone...etc)
We want the best for her... Another move is not ok. And then her mom even told her she may be moving yet again after the initial move to another state.
Sorry for the long post. Help us if you can.
 
We need to know what kind of custody Dad has. What his court orders say.

If she is being abused, child services should be involved.
 
It is joint custody. Mom has majority parenting time. We have her for breaks and summer.

Des and cps has come to their house numerous times. Her mom tells her to lie and says she will punish her if she tells the truth. Cops have been to their house four times since she moved to co.

Thanks for the reply
 
In other words, there is no proof of abuse? No convictions, no "founded" CPS investigations?

I do have to ask, too - because as a practical matter, kids often lie - how does Dad know he's being told the truth?

He's in a different state, and he doesn't actually know what's going on at Mom's place. How old is this child?
 
It is joint custody. Mom has majority parenting time. We have her for breaks and summer.

Des and cps has come to their house numerous times. Her mom tells her to lie and says she will punish her if she tells the truth. Cops have been to their house four times since she moved to co.

Thanks for the reply
 
With all due respect, OP, you need to get rid of the word "we" and realize you are a legal stranger.

The father should have hired a lawyer to TRY to prevent the original move, or at least got a court hearing for a judge to decide if the move was in the child's best interest.

Frankly, I don't see the father being able to prove what you say, and until he does, he is out of luck.

If he is truly against the moving, he should hire a lawyer in the child's home state to work on preventing it. Even still, the move could be granted.
 
She used to live in the same city as us. As stated above there is a police report and the cops came out and took pictures and filed a report. There are also scars.
She is nine.
She doesn't lie about this.
We are concerned about all of the moving and about Her being hurt more. I understand she is a kid but the police have come out four times to their house since they left AZ. This past Christmas was when the police repeat (that we were able to get) came out. Her mom picked her up and threw her against the wall she then threw her to the ground, got on top of her and hit her repeatedly in the face. This was in the report. She had bruises and scratches on her face the police took pictures. Her brothers had also but her and the police took pictures of that bruise too.
 
Fine then. My husband did hire a lawyer and she was served papers to not move. She moved anyway.
There is a police report with the abuse listed in detail.
She has broken the court order numerous times. She has moved her from school to school and is moving again because her flavor of the month has to move.
There is a lawyer working on the case, emergency orders in process with new motions being added to try to ensure the safety and well being of his daughter.
 
If there is a lawyer working on it already, then not much else to do, except wait for them to do their job.

If the police seen proof of the abuse, then why was CPS not brought in by the police to investigate or remove the child?

Something just doesn't add up to me. Maybe it is just me, who knows!
 
If the other parent is violating court orders then your husband needs to return to court and file for contempt. during that hearing he can likely revisit the current order and seek to have it modified. In mean time its important that Dad gather as much evidence as he can about this abuse issue including the Police report. i agree with earlier post its odd that Police did not involve children's services if they saw evidence or even suspicion of abuse.
 
Documenting suspected injuries is NOT proof of abuse. Injuries to a child can come from a variety of sources, and if there are visible injuries yet the child has NOT been removed from the home and the mother has NOT been prosecuted then that tells me that there is either an explanation for the injuries, or simply insufficient proof of any abuse.
 
Agreed, agreed!

And I'm sorry - as the parent of two grownups who STILL try to lie on occasion, I'm going to tell you again...kids lie. Specially if they're suffering from "grass is greener" syndrome.

And again, if the police thought there was actually abuse taking place believe me they would have acted. The police are not as a rule stupid and even if they think both the parent and child are lying, if THEY think there is abuse being lied about or "hidden", they will still act.
 
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