A parent's family testifying for other parent in custody case...

United States
January 6, 2009 4:00pm CST
My husband and I are in the process of trying to get custody of his son. There have been suspicious bruises, scratches, fears, and behaviors. However, we tried to explain off things even when we got 2 different stories about the marks on him. While my husband was home on Christmas exodus, the mother's grandma contacted us and started telling us about some things that are going on. The grandmother, aunt, and mother of his son's mom are willing to testify on our behalf and try to help us get custody. This was a complete shock to us but just how much will even just one of her family members testifying help us in court? And is there anything else we need to know or do?
1 person likes this
4 responses
• United States
6 Jan 09
I don't have any personal experience in this matter, nor am I in the legal profession, so this is by no means necessarily accurate. That said, I would think if her own family is willing to testify that she is abusive and that your husband should have custody, the judge is fairly likely to take it much more seriously. After all, if only you are alleging abuse, then it becomes your word against hers, with both you and her having good reason to lie. But when her family backs you up, that should lend you more credibility than the mother. They have nothing to gain by you and your husband getting custody of the boy unless it is assurance that he will no longer be abused. Make sure that, if you haven't already done so, you begin documenting any signs of abuse and photographing it. Dates, times, locations, severity of bruising, scratching, etc. I hope that helps. Best of luck!
@wheel416 (1019)
• Canada
6 Jan 09
I could not agree with you more on everything you have said. Especially your point about the "In-laws" lending great credibility to your allegations of abuse. Many people believe that they should stand beside their children no matter what, but there are a few who are willing to speak up and do something, if they see something wrong, even if that means pointing the finger at their own child. I just wanted to add my voice, to youngsweethearts here, and to say, documents document, document. Every detail, every time you see it. And if at all possible, have someone outside of the family, to witness anything you see. Another thing I would like to add, although I'm not an expert either, would be to keep your son's routine as normal as possible. I cannot imagine what a stressful time this must be, for your husband and yourself. If at all possible, try to let your son know, how much he is loved. Try to keep all of this adult custody stuff, from him as much as possible, as there is nothing he can do, and he doesn't need all of the adults fighting over top of his head so to speak, while all this gets sorted out. You also may want to consult a social worker, psychologist or counselor of some sort, and ask their advice as well. All the best!
@kprofgames (3091)
• United States
6 Jan 09
I think it will help a lot, but my big question to you is have you taken pictures of these bruises anc scratches? Have you documented these behaviors? Has he been to see a doctor after you've picked him up and noticed somehting new? You need much more than personal observation here. Have you contacted Child Serviced? As the father of the child, he has a right to express his concerns here if his son is being beaten or ill treated. Testimony will help you, but you will also be asked what did you do to help this boy when he was in your care. You also have to consider that since he's being abused you're probably going to need some kind of councilor for him. I noticed in your avatar that you are holding an smaller child. Is this your step-son? If not, you are bringing an abused child into your home and you risk him acting out on your own. I think there is a lot to consider here, the court process takes a long time unless you can force the judge to hold an emergency hearing. I would think reporting this to child services would be to your advantage here. With noted visits to the household you migh have more leverage in your favor. Also, what does your lawyer say?
• United States
6 Jan 09
Another questions, sorry, but if you notice these bursies on him, have you called the police? Have them visit your home, say you just picked the boy up, you'v been noticing these things and you're worried. I would think if this is scary enough that her family will testify against her, why is he still in her care????
• United States
7 Jan 09
I re-read what I posted and it sounded a bit harsh to me. For that I am sorry. There are so many parents in our area that are afraid to call the proper places because they feel they will be investigated for it. The system fails so many people. I hope this goes in your favor and this little boy learns to appreciate you and all the efforts to keep him safe. God speed you to that court hearing.
• United States
7 Jan 09
To answer all the questions yes we have pictures of the suspicious bruising and scratching. We've also called child services and the police... the police said that since we couldn't prove that they were actually doing anything there was nothing they could do. The bruising wasn't enough seeing as how he's still a toddler himself, he's going to get bumps and bruises so there wasn't any proof of anything nor anything they could do. The police and child services have been called on them more than once but nothing has ever been done. So like all of you, I have no idea why something hasn't been done either but something that a lot of people these days don't understand is that the system does fail us. And since he is still too young to say anything, nobody will do anything because "he's a toddler and all toddler's get bruises and scratches. But when we get him, he usually doesn't have a lot of bruises, just one's that are in weird places like on his ear or back. The most recent suspicious markings were on his forearm and there were three bruises in a line next to each other that looked like finger prints. We have pictures of only the suspicious bruises that we plan to use. The bruising always seems to be clearing up when we get him.
@bellaofchaos (11538)
• United States
9 Jan 09
Ok I have a couple of questions .. Have you taken pictures of any of the bruises or scratches? Have you started a journal of the fears and behaviors he was exhibiting upon returning home? Have you called Child Protective Services about these susupisions? Have you taken the child to a Dr. for him to examine these bruises and scratches? Here is my thoughts on the situation. If her family is willing to help you out and testify that is going to help in court but what will help you out even more is to have documented proof by medical professionals that can't be disputed at all and I would if you are totally sure and positive that the allegations of abuse ar true go to (CPS) Child Protective Services and make a statement. Then let them investigate the situation. This will build the most credability toward you and your spouse and improve your chances of custody greatly. If CPS finds the allegations to be true and want to remove the child from the mother's custody the father will automatically be able to get custody unless her family wants to fight him for it which doesn't seem to be the case. I feel for you and wish you and your husband and his son luck.
• United States
14 Feb 09
If that many of her family have turned against her keeping custody there must be a reason for it. My advice would be to get an attorney quickly and get their testimony down either in a sworn deposition or in an affidavit. Doing that now will help protect the child by preventing them from being able to back out and shut up should they change their mind and decide Mom should have another chance. AND it will help protect you if Mom decides to make a claim that you're the one hurting him and sending him home bruised up.