If your son is in danger from your ex you can seek a Domestic Violence Protective Order keeping your son away from his father. I would advise you to contact an attorney or Interact and find out about the Domestic Violence laws.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
My ex and I have joint custody of my 4 yr old son. Every other weekend, my son has to go to his father’s house. During the summer, my ex gets him for one week each month. In April of 2003, my ex went to see a psychiatrist for his violent behavior and anger problems. We have had up to 15 different DSS cases, 8 of which happened after I left my ex. This past July when I went to pick up my son from a week long visitation, I noticed some dirt on him. I gave him a bath the next day and the dirt didn’t wash off. I immediately called DSS and the police and told them of the bruises that covered his body. I do take pictures before he leaves and also have my son’s daycare document if there is anything on him. He leaves at 3pm on Fridays and we do check him at that time. DSS did come out to my house and questioned my 4 yr old as to what happened and he said that his daddy and grandma hurt him. DSS said, that it wouldn’t fly because it was a 33 yr old man (my ex) against a 4 yr old. The police did do somewhat of an investigation. Both DSS and the police both commented that there is nothing that can be done. They said that when my son comes back with broken bones or is dismangled, then they might be able to do something. Is there anything else I can do? Right now the courts look at me as the bad person, because they think I am just trying to get back at my ex husband for all the abuse we endured. All I am trying to do is ensure the safety of my child and I am getting absolutely nowhere. I have probably 200+ pages of documentation of bruises, dss reports, psychiatric reports, dr reports, daycare statements of the ongoing abuse. Thanks!