Where Do We Draw the Line on Child Neglect?

Updated on April 04, 2008
C.J. asks from Gainesville, FL
5 answers

My husband and I currently have the opportunity to see his daughter one day a week for 4-8 hours. We started seeing her in August of 2007 and have had weekly visits since. In the beginning her mother insisted on being present for visits, and we agreed thinking it would be easier on their daughter. Since November, we've had visits unsupervised. We have always noticed things that her mother does that we don't approve of. For instance in Sept. the child asked to go on a big potty at a park and while my husband and I started walking her there, her mother demanded we let her go poop in her diaper. She also would not change the diaper afterwards because it meant walking back to her car. There are have been ups and downs of what we would call child neglect the entire time we've been in the child's life. Recently, we picked her up for a visit and she was really dirty. So my husband and I gave her a bath and while I was combing her hair, I noticed my step-daughter was infested with fleas on her head. We routinely try to talk through these events with her mother and it usually ends with lies about how the problem started (although plausible answers) or ends with threats that we will never get to see his daughter again without going to court. When we asked her about the fleas, her mother said that morning they'd been playing in the backyard and that my step-daughter was playing in leaf litter. It is feasible that she could have picked up fleas from leaf litter, but when we picked her up that morning, she wasn't even awake. So there is no way she had been playing in leaves that morning. Her mother also hid a Barbie doll her daughter had received for her birthday and 3 weeks later made her daughter give it to her best friend as a gift. I guess she assumed a 3 yr old wouldn't remember all the toys she'd unwrapped but before she gave it away, my step-daughter kept talking about the doll at her birthday. She had trouble giving the Barbie to her friend and then couldn't play with her friend and the doll. These behaviors have been fairly regular since we entered the child's life. I am wondering at what point does our inaction mean we are neglectful. We try to talk to the mother and have come to realize that my husband and I have a very different parenting style than his daughter's mother. Still, there is no way to talk to the mother without fear that she will revoke our "privilege" to see his daughter. We have never gone to court so my husband has no rights at all. How many times do we have to pick up a dirty child, or flea-infested child before not reporting the mother to DCF is us being neglectful. This is just the tip of the iceberg.

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So What Happened?

Thanks for the advice to to go court for custody. It is something I've wanted to do for a long time, but convincing my husband that even though it might turn his daughter's world upside down it is the best thing for her. Unfortunately, the situation had to get really bad before he saw the light. We found out her mother is giving his daughter a lot of OTC medications and when I talked to a pharmacist about the drug doses and interactions he said my step-daughter could die from the drugs. My husband got her into a hospital, has involved dcf, and his suing for custody. Thank God, please pray for us if you believe in prayer. We all need it.

More Answers

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H.E.

answers from Gainesville on

Hi C.! I really do feel for you. I have a step-son that is now 6 but he's been in my life since he was only 5 months old so I think of him as my own. My husband and I have been in this same situation. I just moved here to Florida, so I really don't know much about laws down here but what I can tell you is that your husband will feel a lot better if he tried to do something than not. Is there a current custody order? In PA, if there isn't, both parents have the right to keep the child. You should definately contact a lawyer. Try legal aid. I believe if both parties would qualify, the funds go to whichever party applied first. That would really help. My husband and I spent close to $10,000 on a lawyer for a custody matter that lasted almost a year and a half. We didn't win but at least we tried. When he grows up and can understand, at least we can tell him we tried...And definately keep a record of everything. We would take date-stamped pictures and I kept tract of everthing in my planner. It really makes your case a whole lot better in court if you have documentation. Good luck with everything and God bless that little girl.

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D.W.

answers from Gainesville on

Hi C.. Without trying to get into your personal finances or business, why haven't you guys pursued legal visitation rights. If affording a lawyer is an issue, go immediately to your local Legal Aid. They provide low-cost/no-cost legal services. It seems like at this point this little girl needs alot more supervision by responsible parents and 4-8 hours a week is probably not enough based on the information you've given us. I would say have some legal representation on your side, make sure all of your ducks are in a row on your family side. That way when you have to call DCF she can't threaten you because you've already got representation and you know the ins and outs of what you are entitled to as parents. My husband's cousin pursued custody of both of his kids (difficult situations too) but it was so worth it. This little girl needs some intervention before she gets too much older. Good luck to you guys.

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J.M.

answers from Gainesville on

I am deeply saddened that you and your husband are going through this. I would say it is something you should fight for. you will need written documentation every time an incident happens and if you can get pictures or something. There is no harm in doing this and DCF saying you dont have a case. If you do nothing, and it turns you should have, that would be worse. I think you have a reason to be concerned. The barbie issue, although very wrong of the mother to do, not a reason to go to DCF, it would be just a further story of possibly the mothers sideways thinking.

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S.E.

answers from Gainesville on

I am sorry, but to be frank, your husband and you are also responsible! This is his daughter, how on earth could he have not consulted a lawyer and gone to court? Why would you guy's leave someone like that, someone who makes those obvious horrid decisions in charge of this childs life? My advice would be to start documenting everything on paper, dates, times, specific instances and take her to court. Ideally to take custody, but if that is not possible to just be able to have a say in what happens to your daughter!!

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J.K.

answers from Gainesville on

I can't speak to the neglect issue but your husband needs to consult a lawyer and get his rights instated by the court. Why did he never go to court? Is he happy with one visit a week? Why on earth has he not tried for more visits or even partial custody? I feel like there is more to this story. If you both love his daughter and truly feel that her mother is neglectful and you could provide a more stable home, then you need to sue for half custody. It won't do the kid any good to try to rip her from her mother completely, but dads have rights too and he needs to grow a pair and stand up for his.
Essentially, if you do report the mother you can assure yourselves of not seeing the daughter again; the mother has as much as said so. If you have no legal right to see her she can revoke that privilege at any time and you have no recourse. So you need to get those legal rights in place before you do anything, because the worst of all possible worlds is for that kid to end up in foster care.

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