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Grandson (12 1/2 years of age) does not what to see his father

anymore do to abuse but...
Grandson (12 1/2 years of age) does not what to see his father anymore do to abuse but also has fear of not going because he is worried about his siblings getting hurt and no one there to protect them. This man is physcally and mentally abusive.
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2/1/2013
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28,694
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem. I am sorry to hear about the situation and understand your concern for your grandson. If there is abuse taking place, the police should be called and this should be reported. Let the police be the ones who say that nothing can happen, not the lawyer. In addition, if the mother feels that the child is at risk when with the father and subject to this abuse, she can file a motion with the court, seeking to modify the visitation and/or custody, that is currently in place. At 12 1/2 years old, the child can certainly communicate and speak with the Judge, advising them of what is going on, when in the care of the father. The mother always needs to act in the best interest of the child. If she is confident that abuse is taking place, then she needs to make the decision to not allow the child to go with the father. If she does this, the father would then need to file a motion to hold her in contempt of court, for violating any court order that is in place. It would be at that time, if not sooner, when she would have to advise the Judge of the abuse and why she did not want to release the child into the care of the father. Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Customer reply replied 4 years ago

Father lives with Mother and has a new wife. Grandson stated that when his Dad does abuse they lie for this Dad. Grandson has stated that he has seen his dad abuse his grandma. The boy feels his grandmother is afraid of his dad also. Police officer lives behind dad's home and I have told our grandson to go to this officer's home if something happens. I am afraid he will hurt him if he tries to leave.

He should call 911 if something happens. Going to the home is a good idea but 911 can respond faster and insure something in done. At the same time, the mother should be proactive and file the necessary motion/petition with the court, to take away the fathers right of visitation, as a result of the physical abuse. The father, could be charged criminally, if there is evidence to support the abuse, as well. Elderly abuse is a crime also, so the Grandmother could report that as well. The father may be removed from the home as well.
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Customer reply replied 4 years ago

I feel my daughter is still afraid of her ex-husband. We witnessed mental abuse and seen marks of physical abuse done to her. He choked her until she passed out the last time he abused her (there was alot things that went on) and 2 months before she left him her father in law at time took a shot gun after his in laws. The abuse is in that family. This is why I think we are all afraid to do something for fear of him hurting the children

I certainly understand how there can be fear. Unless this is reported and action is taken, the police and the courts can not get involved. If arrested and charged, there will be a restraining/protective order in place, to prevent the father or anyone else, from having contact with the child, you or the grandmother, if she is a victim.
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28,694
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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