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Emergency custody order?

Has anyone ever had to get an emergency custody order for their child? If so, what was it like?

My situation is, my daughter's mother and I are not together or living together. She is currently living with her mother and I with my sister. I get her every weekend and every other week. She gets her every Monday and Tuesday and every other week. It's weird, but it still comes out to equal time.

My daughter's mother has emotional issues. I do too, but her's are rather harmful. She was diagnosed as bipolar years ago, but doesn't take any meds for it. She'll say she was misdiagnosed.

Anyway, she doesn't manage stress well. She had her this past week and dropped her off at the babysitter's this morning and I picked her up when I got off work. When I was there, the babysitter pointed out some bruises on both her arms. She will soon be 3 and is a high energy child, so she gets bruises from time to time. She said that she likes to point out bruises when she sees them to let it be known that it didn't happen on her watch, but it felt kind of odd. Like she never pointed out any of the other bruise that my daughter went there with. She also seemed like she felt it wasn't a normal bruise, hence why she told me.

The bruises look like grip marks. Like her mother grabbed her so hard that it left bruises. Knowing what I know, I can envision her grabbing her by the arms to yell at her face to face. I didn't really react while I was at the babysitter's, but I was able to get a good look when I gave her a bath and it really hit me then. I'll post pictures, but I asked her how she got them and at first she said she didn't know. Then I asked her if someone did that and she shook her head. I asked her who, and she said mommy. I asked her how, and she acted like she didn't want to say. Asked if she hit her, no. Asked if she squeezed her and she said yes. I asked her several other ones like did she pinch her, slap her, kick her, and they were all no. But always a yes to the squeeze. I recorded the conversation on video as well, where I asked her several people's names as to who hurt her and she said no to all except mommy.

I haven't asked her mother how she got the bruises yet as I am too pissed off and liable to say some shit. Going to ask her tomorrow.

But, I am thinking of going to the court Tuesday when they open back up and trying to get emergency custody. My question is, if you've gone through it, what was it like? She is supposed to go back to her mother Monday morning and then back to me Wednesday. I am envisioning me going to the court Tuesday and if the judge grants it, rolling up with the cops and basically having to pull my daughter out of there with her mother freaking out and I really don't want my daughter to experience that.

A friend of my sister was over and she was saying that in Virginia, the courts lean toward the mother, which I know. Pointed out that the house is somewhat messy, my sister has 2 boys, and my daughter doesn't have her own room, which would be a big no no to a judge in VA. Thing is though, her house is much much messier. They have numerous animals, barely ever clean, don't have a room just for my daughter (they have a loft that could be used as a bedroom I guess), and my daughter's mother has always said that she was molested at a young ago by one of her stepfathers and told her mother, but her mother wouldn't believe her and stayed married to him for several more years. She is living with this same mother now, and I would think that history is much more damning than living with 2 boys. When we stopped living together, I'd still go there to visit sometimes and would end up cleaning her shower/bath because it was so moldy and nasty that flakes of mold would peel off the shower curtain while you're getting a shower. So in terms of my sister's friend's caution, I think I am good.

I don't know. I am so fucking frustrated right now..

FatherOfNyx 7 May 24
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3 comments

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I would start by getting an independent person (doctor, or similar) to confirm the bruising and photos with times, dates and whatever details there are ... build up evidence of abuse - then take action for protection

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Definitely report it to police, especially if the bruises are distinctly fingerprints. You want it on record. I have a friend who was accused of committing the assault done to the child by the other parent. You need to protect your child first, but sometimes it's necessary to protect yourself in the process.

Deb57 Level 8 May 25, 2019
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You can get a free lawyer who will solely represent your daughter in most states, called a "guardian ad litem".
Go to the courthouse & talk to the clerks, bring your pics. They have heard it all before, will have good advice.
A word of caution, keep to the main subject, the bruises......dragging in other things, which DCYS will eventually document during the home inspection, only diffuses focus. If asked, of course reply, but keep things as brief as you can, these people are usually overwhelmed with cases......

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