Legal Question in Family Law in Florida
Child Abuse????
I spoke to my step-daughter and she was telling me that her mother is always calling her stupid, ugly, fat, and telling her she will never make anything of herself. she had said that her mother hits her and punches her and just yestday her mother threatened to give her a black eye over an agruement. She also told me of a time that she had told her mother's sister some of this and when she got home, her mother's sister had called her mother and told her what she had said. Her mother then spanked her for talking to her mother's sister about her home life. The problem here is that we do no live in the states. Her father is in the military and we are stationed overseas. Her mother does not allow her to have very much contact with me, so I don't get to talk to her as much as I would like. Currently, she is at her grandmothers house and is safe for at least the next month. My husband is deployed and I am trying to find out some information for him for when he returns, so we can get her out of this situation, but I am coming up with nothing. Can some one please tell me what we need to do and the process in which to do it? Thanks in advance!
1 Answer from Attorneys
Re: Child Abuse????
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
A parent has the right to discipline a child but cannot physically abuse her. Without knowing specifics, I cannot say whether or not the line has been crossed. You need to have a heart to heart with your step daughter to find out what is really happening and what is embellishment on her part. If she is being abused, she can report it to her teachers in school who have a responsibility to report the abuse to the proper authorities.
Upon your return to the United States from overseas, you and your husband need to take a more active role in the daughter's life. If there has been real abuse (rather than normal discipline) then your husband can file a motion to modify the court's earlier order and ask to be the custodial parent. If abuse has been documented, he needs to present the proof to the court who can then make a determination as to the best interests of the child.
Scott R. Jay, Esq.
Scott R. Jay, Esq.
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