Legal Question in Family Law in Texas
Suspected Child Abuse
I am a 22 yo student and father. I have custody of my fixing to be 3 yo daughter. Her mother watches her on the days I work because she had it put in the divorce papers that she be the first person I notify if I ever need a babysitter. I have no problem with that in that sense. However, for the past few months, every time her mother brings her home to me which is usually between 10:30 and 11:00 pm, I notice that my child is still wearing the same diaper (pull-up) that she was wearing when I picked her up from the daycare at 4:00. I have witnesses who can testify to these events as well as the fact that when her mother brings her home late every time no matter what day, or time she is supposed to. I have kept a written log on my computer of these events as well as keeping close contact with all witnesses of these events. My question is basically, what should I do? Should I contact CPS, and would I stand a good chance, or would my case hold water if I were to take her mother back to court to reduce visitation in the best interest of the child?
1 Answer from Attorneys
Re: Suspected Child Abuse
Have you tried to solve this without resorting to expensive litigation? Have you asked the mother about this? Perhaps she is saving the pull-up and using regular diapers while she has her. Is the pull-up dirty or wet?
Please realize that CPS is investigating children that have been molested and hurt or who live with crack-addicted parents. This is not to minimize your situationl, but CPS does not have the staff or funding (unfortunately) to handle everything that comes its way.
Returning the child late (if it violates the current order)could be grounds for a modification of the possession schedule or for a possible enforcement action; that would be up to the judge.
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