QUESTION
do i have a case against my ex for child abuse and neglect, if the only proof I have is testimony by his latest ex girlfriend?
Asked on Feb 20th, 2015 on Child Custody - New York
More details to this question:
My sons father recently broke up with his current girlfriend of 4 months. She came to me and informed me that during visits, he continuously drinks and ignores my child. Napped during more of an afternoon visit. Drank before driving my son home and spanked my child hard even to make him run away and cower behind the girlfriend. (I do not spank my children and I have informed him of this in the past). He has a history of drinking and drug use, and she also informed me that she suspects cocaine use. He also has a history of emotional and sexual abuse with me (and her) that I never filed a claim about before. My son has always been very hesitant to leave when his father picks him up, I took that as evidence that he doesn't see his father enough, but now am wondering if its because of abuse. His latest ex girlfriend also told me that she noticed that my son was afraid of my ex and actively avoided sitting with him. Because I have no HARD evidence, do I have a case
1 ANSWER
Hi
You appear now to be on notice that your son's father is abusive and probably addicted to some substances. That he drove drunk with your son in the car is very, very bad. If he is using cocaine, alcohol and/or other substances, it is your obligation to bring an application in Family Court to modify his access to your child, seek to have him drug tested (randomly too) and seek to have his access to the child supervised.
You have a witness. It sounds like she is pretty reliable because she felt compelled to protect your child.
Please don't be afraid of him. If you are, get an order of protection. Just make sure your child is protected also.
Hope this helps
Ilysa Magnus
Answered on Feb 23rd, 2015 at 1:21 PM