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Do we have grounds to take temporary custody of the kids from BM?

Unhappy's picture

I did a lot of thinking yesterday about some possibilities that could be causing SS to act this way when being dropped off at school by BM. One of the things that came to mind is that she's trying to PAS SS with DH. I mean all it would really take is something along the lines of, "it makes mommy really sad when you leave for daddy's house and it makes mommy cry when you're not around because mommy misses you so much." SS may not realize the difference between going to school and going to daddy's when he's with mommy. So I decided to sit down with SD and ask her if there was something that maybe mommy was saying that might be causing SS to act this way.

She told me that BM always tells them that if they don't call she will be sad and that she will miss them while they are gone. So basically nothing that bad unless SS gets a special speech when SD isn't around.

The alarming thing that SD told me is that her stepfather gets so mad at her when BM leaves her alone with him that she's afraid that he is going to hit her. She told me she went to her mother about it but her stepfather just lied about it. She told me that he only treats her this way when BM isn't around and it's only her that he treats this way. I told DH about it and he approached her she told him the same thing. DH made it clear to her that nobody should make her feel that way and she shouldn't be afraid in her own home. He also told her that the next time this happens that she needs to call him. When I was leaving her bedroom she stopped me and asked me if we were going to tell BM. I told her yes, that we had to. SD looked really scared at that point and toldme that she is going to get in trouble for telling us. This isn't the first complaint that she has come to us about. She told us a couple of weeks ago that her stepfather was calling her a little sh!t and a little b!tch. When DH confronted BM she denied it and then came back and told DH that stepfather admitted up to it but he told SD that he was sorry.

After that I approached SS and asked him if he feels the same way and he told me no. So I started asking him why he doesn't want to go to school on BM's week and he pretty much told me that he likes school but he knows that he doesn't have to go on BM's week that all he has to do is freak out, kick, and hit and he doesn't have to go.

What do we do. I told DH last night that he needs to look into getting temporary custody of the kids right now until BM can get her sh!t figured out. If she's divorcing this guy like she said she was in August of this year then she needs to get him out of the house. It's not fair to SD to be treated this way because BM hasn't kicked this guy out yet. And it's not fair to SS that BM can't manage to get him to go to school because she can't control him. DH tends to avoid this subject so I told him last night that this is something that we ARE going to talk about.

My question, to any of you that have been following my story, is do we have the grounds to take temporary custody of the kids? SS is having violent freak outs when BM drops him off. She's calling the cops on him to parent for her. SS is assaulting people including the cop. BM refuses to stop dropping SS off at school herself instead of finding an alternative for the moment until she can get her sh!t together. SS's going to get kicked out of school if he continues to freak out like this. SD is being put through hell with her stepfather. We have offered on many occassions to take the kids until she can get this guy out of the house and we have even offered her makeup time for however long it takes. This guy has SD afraid of him and she feels like he is going to hit her sometimes because he gets so mad. Can we do it? Do we have the grounds? Should I have CPS do a wellness check on the kids when they are with BM?

Any advise any of you can offer would be greatly appreciated.

Comments

VioletsareBlue's picture

Yes you do, but it would be better if you had a counselor saying this as well.
I would absolutely call CPS for a wellness check.

BSgoinon's picture

I would first call CPS. Sounds like stepdaddy is abusive, even if only verbally, it's too much.

I would put BOTH kids in counseling and ask the counselor if she is willing to write a reccomendation for court.

Something needs to be done.

BSgoinon's picture

I can't see not at least trying though. You never know, you may get that ONE honest CPS worker.

DaizyDuke's picture

My question, to any of you that have been following my story, is do we have the grounds to take temporary custody of the kids?

I would say no. The behavior that SS is presenting is not behavior that would indicate that he is scared to be at home with BM/Step Dad or that there is a threat at the home. It actually indicates quite the oposite. He would RATHER be at home than at school. In my experience the bottom line that CPS follows is that if there appears to be no current/imminent danger/threat to kids, then case is unfounded.

What you should really be doing is getting SS into a counselor to see why exactly he is acting the way he is. My uneducated guess is that it is attention. He is desperate for attention from BM and this is his 5 year old way of going about it.

Unhappy's picture

We actually asked to keep both SS and SD until she can get this divorce thing figured out or at least get this guy out of the house. He's mean to SD, says mean things to her, and from what SD has said it seems that when BM isn't around he takes it to his full advantage.

SS doesn't want to be with mommy all day. He does it because he knows he can. That's what he basically admitted up to last night. He likes school and he's good at it. He's just figured out that he has all the power with BM and can choose to do what he likes and what he doesn't like. I believe that SS getting kicked out of school because BM allowed this situation to even happen and continue warrants the removal of SS from her care until she can figure out how to parent. But I have no say in how the state would handle this type of situation.

SD has had so many crazy emotional issues that steam every single time from BM's house. They follow SD to our home and we usually nip it in the bud pretty quickly. BM's reaction is to call DH hysterically expecting him to fix it for her because she has no clue what she is doing. It's the same thing when SS freaks out on her weeks. The first call that she makes other then to the police is to call DH.