Legal Question in Family Law in Maryland

Risking custody by reporting abuse?

There is currently a joint custody (legal and physical) agreement in place for our two pre-school age children. Currently the children are with my ex-husband daily, and I see them every other weekend. I, and the children's daycare, suspect there is abuse (physical and emotional) occuring at their father's house. There has been at least one bruise (documented by their pediatrician), numerous reports by the 4 year-old of extreme punishments, behavioral issues at pre-school, etc.

I have been told that if I report my concerns to CPS, and they find no signs of abuse, I risk losing custody to him should he decide down the road to fight for custody. I have been trying to wait for the daycare to report it, but they just tell me they are concerned about what's happening when my children go home, yet they are not reporting it.

My question is this. If I call CPS, is it true that I could possibly lose the children because of that call if a custody battle begins? If my minister, friends, or co-workers report it would it have the same effect as if I reported it?


Asked on 2/09/05, 10:50 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Risking custody by reporting abuse?

If you have a legitimate basis for suspecting abuse, you ought to report it immediately. Does the pediatrician feel that the bruises are abuse-related, as opposed to the normal type of bumps and bruises kids receive at this age? I can't conceive of your filing a report as having an adverse impact on your parental rights under the circumstances you presented.

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Answered on 2/09/05, 1:53 pm


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