Reporting to CPS -- Will I have to retain a lawyer or will CPS do all that?

[RRS913]

Through counseling, I have found out that my son is being abused (punched in the stomach, pulled down stairs, hit with bow and arrows, large bruises left on his back, hit over the head with drum sticks, etc) by his dad’s girlfriends son (whom is 12 and weighs about 160lbs, much larger then my son who is 5 and is about 35lbs) and his dad has been making him lie to me on where these bruises, lumps, etc are coming from, or simply tells him to not tell me anything that happens at his house. His father has done this in front of me as well…”Mom, look what _____ did to me!” His dad replied with “No ____ you did it to yourself, don’t lie, you did that and you know it” (exact words to our 5 year old). My son replied back to him with “No dad! I am not liar, you are! I don’t want to lie anymore.”

The counselor is planning to report all of this to the CPS today, I am nervous because I know their reaction will not be good, and my son is supposed to stay with them for this upcoming weekend. I don’t want him to get hurt anymore then he has already (or screamed at) and I also worry about my safety.

I guess I am wondering; what happens next? What should I plan for? What will CPS do for my son? Will we most likely have to go to court or will CPS take him to court? I am trying to prepare myself for what is going to happen next. Will his dad only get supervised visitation or any at all since he lives with this woman and her child? Will I have to retain a lawyer or will CPS do all that? Any sort of help would be greatly appreciated.

[AFFA]

I wish to inform you that CPS will analyse the situation and if they feel danger to child then they may take custody of child. CPS aim is to preserve welfare of child and thus CPS may act itself when it receives information. In this CPS may ask you about the incidents in which case you may inform truth. Further you may file for change in custody in court and can have child custody modified. You may self represent yourself in court or may appoint a lawyer in court. You may also seek guidance from legal aid.

AFF

[Friend In Court]

Based upon CPS's investigation, you may request of the court that visitation be suspended or in the alternative under supervision of state or county facilities for that purpose. The interaction with the child needs to be monitored by a neutral and preferably professional third party. This is the kind of situation where an emergency hearing should be held so the child is not subjected to any more weekends where he can be harmed.

[Lexus]

Generally CPS will take appropriate action once their investigation is over and if they find that the situation of the child is in danger, they will take immediate action at the earliest. They will take evidence from you, so that time you have to inform the truth. It seems to be an emergency situation where you can demand for emergency hearing and ask court to either to cancel the visitation order or to have supervised visitation. It is better advised that you may consult with a Family Law Attorney who can give a proper guidance. If you can’t afford an Attorney then you may get legal aid.