Legal Question in Family Law in Tennessee
I am in the process of a divorce. I have residential custoday. Dcs has been informed of many events including our daughter coming home with fecal matter on her and having a urinary tract infection which caused a fever. She has febrial seizures which sent her to hospital 2x that day and had her hospitalized the second time. Our son is going to therapy for acting out in sexual manners which has been observed by others. Our computers are at the local police dept because my private investagaror's office found what they believe is child porn. DCS says they can't do anything but investagate. They were sent to my house to investagate a complaint yesterday in which someone told them I was not medicating our daughter every 4 hours. I knew the dosage and instructions but called the Dr to confirm anyway and was informed I was correct but if Mom is dosing her like the complaint claimed she is being over medicated. I am VERY concerned for the safety of my children. Our attorney says I can't ask for supervised visits unless an official agancy reccomends such. I am wondering if there is something further I can do? Is there some kind of court appointed advocate I can request for my children.
1 Answer from Attorneys
You might consider contacting CASA (Court Appointed Special Advocate). These are volunteers who are well trained and will spend time with the children and visit them in both homes. CASA is usually ordered by the court but I do not see why your attorney cannot ask that CASA be asked to get involved. Most juvenile courts put a lot of stock in what CASA has to say because they truly do not have any motivation other than the child's interests.
Just know that CASA cuts both ways and will investigate you as well. They also often contact the school, the child's MD, and anyone else they feel has information as to the child's well being.
DCS can remove a child from the home but it is considered a drastic measure. Otherwise they investigate and report back to the juvenile court. The juvenile court can and will remove a child from the home if there is evidence to support a finding of abuse and/or neglect.
If you are that concerned as to the child's safety - your attorney can seek to have the temporary custody order modified so as to only allow supervised visitation. Your son's therapist is also a resource if he/she finds the sexual acting out is originating from activity at your soon to be ex spouse's house.
These are difficult problems - hang in there and you will find the resources. Ask your attorney about CASA - that might be the best starting point.
Best of luck to you and your children ...
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