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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My 4 year old son came home from his dad's home on 3

Customer Question

Hi my 4 year old son came home from his dad's home on 3 separate occasions with large red marks on his butt & a big bruise on his back. When I asked him what happened he didn't reply. I then texted & phoned the father who avoided my calls (to which he never replied) then I called CPS & the police. My son told the officer that his dad hit him. Father denied it of course, and made the officer believe I'm lying due to a custody issue. Absurd! I took him to the Dr where they photographed the Mark & my boy also told the Dr that "daddy likes to spank". The EMergency response team Social worker came to interview me & my son where he blurted out to her that "my dads hands hit me like wrecking ball!" I was shocked to hear that.
Although I was given back temporary physical custody & father has supervised visits 3 Saturday's under his moms supervision, this upsets me. The father is now buying his affection with lots of toys and candies and fun trips. It's been 4 months since the 1st incident and police now want me to take him to Calico to see if I am "coaching him" to say anything. So ridiculous. Will a 4 year old even remember what happened months ago and speak against a father who's buying his affection? How much more evidence do they need? How do they investigate? I even have a witness (a Dr) who was with me who can prove I certainly didn't hit him so it had to be the father.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a family lawyer and appellate attorney with 36 years’ experience and also have extensive experience with landlord-tenant issues. I look forward to helping you today. At the end of this discussion I'm going to ask you to please rate me, as I am not an employee of this site but an independent contractor, so that's the only way I get credit for my time here today—this is at no extra cost to you.

Please note:This is general information for educational purposes and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site. You are advised to retain your own attorney. The attorney herein is licensed in NY only.

I’ll be busy typing up your answer but I’ll be back shortly.

Customer: replied 1 year ago.
Hi Wouldn't a California lawyer be more qualified to answer how CPS investigates here ?
Expert:  FamilyAttorney replied 1 year ago.

I am so sorry this happened to you and to your son. Poor baby! :( That's awful. I know if that were my kids I'd be horrified too, so I do understand.

This happens to all socio-economic groups, and knows no discrimination. It could happen to anyone. I'm just sorry it happened to you.

I happen to be like a GAL in your state -- we're called Attorneys for the Child (AFC). I've been licensed for 36 years and have been an AFC back in the 1980s, when it wasn't chic to be that, and also since 2001.

Okay, you are welcome to wait for a Cal lawyer. I will opt out then.

Customer: replied 1 year ago.
Thanks for your response and sympathy :-( would you happen to know much about Ca law (you mentioned you are a GAL in this state?) I will probably need representation for my son if this goes to trial ..ugh
Expert:  S. Kincaid replied 1 year ago.

I previously practiced in California for ten years. Has CPS opened a court case or are they still in the preliminary investigation stage?

Customer: replied 1 year ago.
Can you call me ?
Customer: replied 1 year ago.
When the CPS social worker came to my house to interview me & my 4 year old in July of this year he told her that his "dad's hands hit him like a wrecking ball". She noted that. He had also told police & the doctors that his dad hit him. 3 months have gone by and the police asked me to bring him into Calico where they have experts who can ask the child what happened & to see if he was being "coached". Because I knew I didn't coach him I was fine with bringing him in- thinking the truth would come out. They concluded that even though he said his dad spanked him, because the child didn't seem distressed (aren't all humans different? & it's been 3 months) & he couldn't point where he was hit - that no crime occurred.
Unbelievable how abusers get away with evil. I have photos of very large red marks & bruises on my sons back & butt. How can those marks & his 1st account of what happened be ignored. I was told it's ok to spank / discipline a child in California - but it's not ok to leave marks on his body. I'm in shock & need legal help. What can I do?
The father has a history on record from 1991 to 2016 for assault & battery.
Expert:  S. Kincaid replied 1 year ago.

I do not have access to a phone service right now but I may be able to access one tomorrow. How would you like to proceed?

Customer: replied 1 year ago.
I was charged $47 for an urgent reply but have not received one yet. Please advise or refund immediately.
Thank you
Customer: replied 1 year ago.
Sorry just saw your response Steve. Can you call me at 11:15 am PST tomorrow please?
Expert:  S. Kincaid replied 1 year ago.

I did not see this in time to call you at 11:15. Do you still want a call?