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mominca
Mar 6, 2012, 10:18 PM
My son came home 2 months ago with a contusion on his shin, brusies on his leg, behind, arm and rashes on the top of his hands. His father admitted to me that he disciplined him with a belt on 2 occaisions during the 2 week visit. My son told me this is true, but also that his father grabbed him by the coller of his shirt (which choked him) and threw him on the bed and than whooped him with a belt. He stated that his father also tied his wrists together with a rubber band (which I believe constrcicted the blood flow and caused the rash on hands) on a separtate occaision, during this 2 week visit in AZ. I did take him to ER, filed a report with CPS and the police station.
I was recently told that I should file for full legal custody and get restraining order. When I first went to ER and police, both stated that I would be OK to wait because his father does not have visitation until summer (one month in summer). The case is still pending (to go from CA to AZ, AZ is where the incident happened and CA is where my son and I live). My son is 9 and this is the first time this has happened. I have never been in this situation. Could someone please give me some guidance?
Thank you!

ScottGem
Mar 7, 2012, 04:52 AM
What is the status of the CPS case? I would file for modification of the visitation now. You don't know how long it will take to go through the courts.

Fr_Chuck
Mar 7, 2012, 06:56 AM
Agree, advice on what, you were told what to do, and I am not sure why you are not doing it?

You file to have all visits terminated for abuse. I would assume you already have full custody and he just has visitation.

mominca
Mar 9, 2012, 11:54 AM
CPS won't file a case in CA, since the incident happened in AZ. CPS from AZ just called me on Monday stating they just opened the case.
I honestly am not sure what is taking so long? It took 2 months to send the information to AZ. I'm sorry I need some guidance, because the officer is telling me one thing, I go to the courts and they say all they can give me is a packet and if I have any questions, they keep passing me back and forth between civil and family law.
When my son came home, the officer told me I did not need to file anything until the case had gone to court because his dad lives in another state and does not have visitation until summer. This week the CAS rep told me he cannot give me advice but asked me why I had not filed a restraining order. I am working on the restraining order.
Is there other docments that I need to file with the restraining order (police report, CAS won't give me a report) or just what the courts provides? At the moment all I have is the paperwork from the emergency room and pictures on my phone.
Thank you for your time!