Q: Will I be in trouble for withholding my son from visitation with his father after learning of abuse and filing w/ CPS?
My six-year-old son told me this week that his father had pulled him down from his top bunkbed and he fell on head/back on hard floor, then father punched him in chest and slapped him while using profanity toward him. I filed with CPS. His father has an extensive DV background with me, and one scenario involving our son and myself in my car trying to get away while he attacked the car and totaled it while swinging a tie-down and metal ratchet at the windows. Additionally, there have been many instances of neglect to our son, including medical. Father denies me any phone calls while our son is in his care and does not respond to my messages inquiring about son.
As our son visits his father every other weekend, and this Friday he is due to visit him, I am extremely worried and feel that he is unsafe there especially considering recent report to CPS where father could punish our son. Will I be punished for withholding visitation until we can get to court and receive a report from CPS?
A:
Under California law, the safety and well-being of your child is of utmost importance. If you have genuine concerns about your child's safety due to alleged abuse, you have the right to take steps to protect them. However, withholding visitation can be legally complex, especially if there is a court-ordered custody arrangement in place.
Since you've already filed a report with CPS, it's crucial to follow up with them and seek their guidance. They are equipped to assess the situation and provide recommendations on the safety of your child. In cases of immediate danger, contacting law enforcement may also be appropriate.
It's advisable to seek an emergency hearing in family court to address these concerns. The court can modify the visitation order if they find that the child's safety is at risk. Documenting all instances of abuse or neglect and presenting them to the court will be key in this process.
Given the seriousness of the situation and the legal implications, consulting with a lawyer experienced in family law can provide you with specific guidance. They can help you navigate the legal system to ensure your child's safety while complying with legal obligations.
Remember, acting in the best interests of your child is paramount, and the legal system is there to support that objective. Be proactive in seeking the necessary legal and professional help.
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