Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My son is getting ready to go to my ex-husband’s home for the summer. My ex has him for 52 days. My son is concerned about the fact last summer my ex-husband would slap him in the face sometimes whether he bought the wrong car in a video game, or for not paying attention to his homework (stupid things). The only thing I have to go on is the word of my son that this is happening because this is in the state of Missouri and I am in Florida. What should I do if my son tells me over the summer that his daddy is slapping him again? Would social services or DCFS to remove him and send him back to me? What would be the best course of action to take? I’ve asked him to stop this behavior but if it continues I need to know what to do.
If you believe your son is being physically abused, you could seek to modify your child custody order based on those grounds to prevent him from seeing his father (this will depend on the nature of the abuse). The court determines custody based on a child’s best interest. If the court believes your child is being physically abused, the court will limit a child from spending time with the abuser. You should contact a local attorney for legal advice and counseling to determine the best way to address the matter and protect your child.
