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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 113507
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I am in need of a lawyer. My son's dad abused m and has been

Customer Question

Customer: I am in need of a lawyer. My son's dad abused him and has been charged with assault and battery but he has not been arrested. We have a court date on Tuesday where he will be arrested but today I was served by his lawyer at my place of employment a motion where he is requesting to have my son for the holiday of which I already have plans. Besides, my son is in fear of him and I have sole custody. He admitted to the abuse but said he was having a bad day -- he hit him with a belt 10-12 times, pushed him to the floor, called him dumb while pointing in his face and then slapped him so hard that the bruise was there for a week. He says in his motion he is unable to contact me but he turned off my phone which was on his account Thanksgiving night. He has not paid support for a year and he argues everytime he is supposed to get my son. I will leave before I allow my son to go with this guy. I work in the school system and make no money so I don't know if you can help me but if not, can you refer me to someone who may be able to work with me in terms of payments?
JA: Thanks. Can you give me any more details about your issue?
Customer: My son is 7. His dad has emotionally abused him for years. In 2009, there was a charge against me but I dropped it since he said he would go into the military of which he never did. His failure to pay child support has landed up in a homeless shelter, has landed us sleeping on a friends floor for a year and half. He is well off but his family has a business so they normally give letters to the court saying he is making half of what he is really making. He is also asking that I be jailed for not providing an updated address to the court but I could not, I was trying to protect my son and we had no where to go thanks to him. My son is now experiencing problems with anger, he has inappropriately touched a child due to things he has been exposed to in the dads care. I had to do a child study yesterday where the school is concerned about his behavior. He is academically doing great but he is acting out tremendously!
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Criminal Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Yes sir. I have to leave for lunch until 12:15 but I will leave this up and respond when I return if that is okay.
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Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If he has pending charges for assault and child abuse you DO NOT have to send the child to him. You need to show up in court Tuesday and you need to present the proof of the assault and abuse charges to the judge and ask for a restraining order to keep him away from your son. You also need to get your son to a counselor immediately, because ultimately that is going to be necessary to file a motion to keep the father away from him.
Unfortunately we cannot represent anyone from this site, it is forbidden by state law. However, you can get an attorney from going to legal aid, since abuse is involved and you can also call the state bar to get an attorney pro bono if legal aid cannot assist you.
You are also going to need to get a motion for an order to show cause for contempt for non-payment of support filed against him.
He evidently did not tell his attorney about the criminal charges pending, because child abuse charges would prevent him from having contact with the child until the case is disposed of. You need to also contact child protection (and the DA and police as well if they are involved in the case) if they are involved in the abuse case so they can inform his attorney that he is not to have the child until the case is over.
You should be able to get a local attorney through legal aid or the state bar's pro bono program though since there is domestic abuse/child abuse involved to object to the motion and also to assist you in court Tuesday.
Customer: replied 1 year ago.
Hi there. I did not realized you responded so I went to court and asked for a continuance but it was not granted. The judge did not give him emergency visitation but scolded me and told me I will lose custody if I withhold the child from the dad. They are now seeking full custody. In addition, the judge did not hear the child support case instead appointing a GAL for my son. CPS closed the case in Loudoun County as unfounded. The warrant was out of Fairfax where the abuse occurred. They arrested him and let him out on PR yesterday. I explained that the dad has never had or wanted custody until now and the lawyer through in that it is my fault my son and I ended up in the shelter and how I drive around in a Lexus. I commented and said my friend bought me a car because I had been driving around with dead tags for three years in my old car and that had nothing to do with the case. He is still obligated to pay his support so now it has been over a year with the exception of him putting money in my account on thanksgiving. The judge rudely told me that my letters and trying to get charges against the dad could lead to my losing custody and I told her if she read back through the notes from each time we had been in her court she will see where I have said the same things I said yesterday he has no interest in my son, this is about keeping tabs on me, cause if he wanted visitation he would have filed years ago. Every weekend when he was supposed to get my son we would argue about when he was picking him up, when he was returning him, I could not keep a job on the weekends because he would not adhere to the schedule and my boss is willing to come and testify so is the guy who bought the car and pays the note and car insurance. I'm devastated! He has never asked about my sons grades, he has never taken him to the doctor or hospital, he has never shown any real interest. He has exposed him to inappropriate things such as naked women and just 2 weeks ago my son touched a child between her legs. He is having bahavoriap issues, and he keeps repeating he hates his dad. What do I do I can't lose my son he is all I have. I even told the judge how the dad had even expressed terminating his parental rights. It's not the dad that's wants him, it's the mother who can't have more kids.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
At this point, since the judge did not give him emergency custody and he is still not paying support, you now have time to seek a local attorney for representation. Because there is a history of abuse, legal aid is likely to assist you and also call the state bar and ask for the pro bono attorneys in your area for assistance.
They are going to have to put a proper motion together for an order to show cause for contempt for him not paying support. Also, keep records as to when he is supposed to come for visitation and when he does not show up or when he does not follow the visitation guidelines, as the attorney will raise that issue in the contempt hearing as well.
Many times on these cases when the judge gives you a hard time, it is not because you are wrong or do not have a case, it is simply because your case has not been properly presented to the court in a manner that the judge can accept by law. So now you have a bit more time, you need to work on getting representation locally to get this matter corrected to protect your child.