If you have limited income, you may be able to apply for assistance from legal aid. You will need to file for an emergency motion with the court and ask them to suspend visitation until the DSS investigation is resolved. I do not know why the photos of your son’s injuries were not uses. That would be very compelling evidence of abuse.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044
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.
Background information: I left ex in 2004 for him strangling me and abusing infant son. Son is now 4 yrs old. I have had up to 15 cases of child abuse since child was born, 8 of which have been since I left ex. (Court order) Ex gets child every other weekend, unsupervised, except for summer and it is 10 days in June, July and August. Last July, son came home from father’s house with hand print bruises on his hips, a bruise on his face, arms, back. DSS was called - they told me to stop visitation while they do their investigation. I informed my attorney (at the time), my ex that visitation was stopped. Long story short, I almost went to jail for violating court order and my attorney would not take it before the judge to show him/her the pictures of abuse, drs statement, daycare notes of no injuries before leaving and dss assessment.
This past weekend, unexplained injuries/bruises to his back. Vertebrae is really sore and there is 5 small patches of burn (not sure what kind). I took my son to DSS to clear my name, so no one turns me in for abuse. I told them that is all i was wanting to do. Dss recommends my son to see his dr (which is today - Wed) and if the dr says it is abuse, my ex denies it (like he has the past 8 times), dss said they would take it to court and let the judge hear it. She said in which case the judge may decide to put my son in dss’ custody. My ex has been told to deny any injuries (because when this mess first started his attitude was - yeah i did it, ya gotta problem with it - i will “discipline” my son anyway I want too and no one will stop me).
DSS said they would take it to court being that I want stop visitation. On the previous case, I did stop it - and I was almost held in contempt of court, fined $500 and sent to jail for 30 days. I told them I refused to stop visitation and they won’t use their office as the ones stoping visitation.
The case resides in another county (3 hours away). Should I go talk to the judge in that area, take court orders, dss assessments, drs statement, pictures and see what he would do?
What should I do? (I am a full time college student and get very limited income).