Q: The daughter frequently comes in to our place smelling of smoke, urine, other odors. She often says that mommy told her to tell me to bath her and that she hasn't had a bath since the last time i bathed her. Now on top of that the child has started peeing her pants on a regular basis. Her vaginal area is red raw from lack of personal hygiene. The daughter knows to do these things but the mother does not inforce the idea so it just goes by the wayside. What can we do to gain custody of the child before anything worse happens in this child's life?
A: David's Answer: I respectfully more agree with Mr Duthely. First, as a former ACS prosecutor and one with rather extensive knowledge of child abuse, I can say that while a child of that age peeing in her pants COULD be a a sign of some form of abuse, I don't think one can say - without more - that the odds are likely this is happening. At the least, I would advise to bring her to a doctor immediately. Let the Doctor know what your concerns are & see if the Doctor him/herself calls ACS or refers the matter for a child abuse assessment. Calling ACS just on this evidence could backfire as it may appear that you're concocting a case when they may not be one. Beyond bringing her to a Doctor, I'd also highly suggest to schedule a consultation with a NYC Child Custody attorney, particularly one with experience in ACS matters. -- David Bliven, Bronx Child Custody attorney
(www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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