Q: My children are being abused physically and emotionally by their mother. What are my options?
She has primary custody but neither of the kids want to live with her. They are afraid if she finds out they told me before action is taken that she will be more abusive towards them. Their grandparents can confirm what they are saying and I have several texts from the kids as well.
A: Every person is a mandatory reporter of child abuse. If you believe a child is being abused or neglected in Nebraska, you have a duty to report it to the Nebraska Child Abuse hotline.
A parent can file for an emergency custody order to be awarded emergency temporary custody of a child that is being abused by the custodial parent. Generally this is filed at the same time as a modification action asking the court to modify the custody order.
A: You should call the hotline or law enforcement to report this. You may also file for a modification of custody in order to obtain custody of your children. What the children want is a consideration, but not determinate. However, if the treatment by mom rises to the level of abuse and there is credible evidence to support that allegation, the Court will take it seriously. You should at least consult with an attorney experienced with custody modification and abuse issues to confidentially discuss the specifics and your options. Best wishes as you navigate this difficult situation!
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