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  5. Child Abuse

Child Abuse Legal Answers

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Can I sue my ex for the child abuse he inflicted on our son?

When my son was still an infant his father physically abused him by shaking him. My son suffered some brain damage and his father was convicted of child abuse. He spent time in jail but is out now. The abuse to my son resulted in some developmental delays that may be permanent, the doctors aren’t completely sure yet. My son requires assistance to do most daily activities and he will need special education when he goes to school. I have a lot of extra expenses because of what my son’s father did to him, including things like home health nurses, mobility devices to help my son walk, and frequent trips to the doctor. The Los Angeles child support office is going after my ex for child support now that he’s working again, but is there any way I can sue him for the extra expenses I incur and for the physical and emotional damage to my son, like pain and suffering?

Los Angeles, CA
Mar 15, 2021
Can my husband be charged criminally for child abuse?

I recently found out that my husband, who is my 17 year old daughter’s step-father, is having a sexual relationship with her. I caught them together so there is no way he can deny it. He says the relationship is consensual and because she’s almost 18, there is nothing anyone can do about it. I live in San Hose and have reported it to California child protective services and they are investigating. This situation makes me sick and nothing is moving fast enough. What can I do to bring criminal charges against him for sexual child abuse, or possibly rape, of my daughter? Does it matter if she consented to the relationship? She says she loves him but she is still a child and should not be able to consent. Also, does my husband’s sick behavior matter in a divorce, because obviously I’ve left him and intend to do whatever I can to take everything from him.

San Jose, CA
Mar 15, 2021
How to appeal a DCF child abuse finding in Boston?

About 3 years ago my ex charged me with child abuse of our son. I didn’t do anything wrong, I grabbed his arm to keep him away from the stove and it left a mark. He told his mother I ‘hurt’ him and that started the whole process of a Department of Children and Families Investigation. At the end, they told me they didn’t have enough evidence to rule the abuse charge in or out. I knew I didn’t abuse my son so I took no further action. I recently applied for a job as a bus driver and was required to submit to a background check. They are telling me the child abuse charge is showing up on my record and that disqualifies me from certain jobs around children. What can I do to appeal the abuse finding or otherwise get it off my record?

Boston, MA
Mar 15, 2021
Can I get in trouble for not reporting child abuse?

I run a daycare center in Houston. I have a child who keeps coming in with bruises and marks on her skin. I’ve asked the mother about it several times and she gives a reason for each incident, but it doesn’t add up to me. I’ve thought about making a report to the Department of Family and Protective Services, but I can’t prove anything and I’m worried the parents will sue me for making a false report if I’m wrong. The father works for the government and has a security clearance. When I told my husband about this he told me if I don’t report it and it turns out to be actual abuse, I could face criminal charges. Is that true and if so, what do I need to be able to show to DFPS to prove I was genuinely concerned for the child’s safety?

Houston, TX
Mar 15, 2021
What if I suspect child abuse of an infant?

I run a daycare in Seattle and I never had any concern that my daycare kids are being abused. Recently, I got a 9 month old enrolled by their parents who just moved to the area. The baby seems very skinny, I can see her ribs. She also cries nonstop when either of the parents comes to pick her up, but she rarely cries during the day when she’s with me. I think something might be going on but I don’t know how to figure it out for sure. I know as a daycare provider I am obligated to report suspected child abuse, but I don’t know if what I’m seeing proves abuse. I want to make sure the baby is safe, but also don’t want to get in trouble for a false report. What other signs should I be looking for in and if I call the child abuse hotline, will they tell these parents that it was me who called?

Seattle, WA
Mar 15, 2021
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