Falsely accused of child abuse, what are my options?


#1

I dropped my son to my ex monday evening at 5pm, he was to spend the week with her. On Wednesday evening I received a txt saying she had taken my son to the doctor for a rash on his neck, when my son was questioned about the origin of the mark on his neck my son told the doctor that I had burned him on accident after my son surprised me (burned with a dropped lighter or a cigarette, they weren’t able to specify). When my son left my care, I was unaware of any marks on him or to any event that could have caused such a mark (nor were any of my family members aware of any marks/causes)

This started a response from social services. They came to my ex’s home to interview her and my son and to conduct a safety check. 2 days later (friday) a social worker from my county came to interview me and go over my house. I was told today by the worker I dealt with and the initial worker that they saw no reason for my son not to return to my care, and advised my ex of the same.

My ex is refusing to return my son because she was told by someone in the doctors office that she could be cited for negligence if he came back and something else were to happen. She is assuming that I drank/used drugs to the point where I couldn’t remember the burning. I don’t drink or use drugs and was in complete control of all my faculties. I don’t know why my son said that I burned him and am afraid he is being coached.

We do not have a court approved custody agreement, only a verbal agreement, so we both have equal rights.

My question is 2 fold, social services has already said that they don’t have anything to do with custody, is there a mechanism I can use to force her to return my son based on the history of our verbal custody agreement (emergency custody?). And my second question, is my son’s doctor or whomever advised my ex of negligence now liable for having done so?

Thanks for any insight you might offer, the last few days have been a whirlwind of terror and confusion.

Also - I have a lawyer and will be meeting him tomorrow to discuss this, however I would like to have some information walking in. Thanks again.


#2

If your ex won’t give him back then you’ll have to file for custody and get a court order.