What should you do if your child gets hurt while in your ex-spouse’s custody? There is a custody plan in place. On alternate weekends, the other parent has custody of the child. The child returns wearing a cast or sling. What do you do when a child gets hurt in an ex’s custody? Would you file child abuse charges in Michigan directly?
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Children desire to run around and play. They enjoy risky situations. Things that their parents will avoid. They take part in activities where injuries are almost certain to occur. It does not imply that children are being abused. Visits to the emergency department will occur. Finding out what took place is the best thing you can do. Learn what happened. Is it the outcome of abuse? If so, speak with your trusted family law attorney in Michigan. The court can impose some precautions whenever there is evidence of abuse or neglect.
What are the common sources of hurt for children at home?
As adults, we are likely going to have an accident either in the bathroom or the kitchen. With children, there are no boundaries for all the potential mishaps. Children have no sense of fear. Expect cries of pain. Expect they’ll do it all over again. They are daredevils even before they get acquainted with the word. Let’s do a rundown of all the possible sources of pain for your little ones. Co-parents separated by divorce might be inclined to think of neglect or abuse. Before going there, it helps to take the position of reasonable doubt. Give your co-parent the benefit of the doubt that these injuries are just part of the natural order of things called growing up.
Children of all ages most frequently sustain injuries from falls
Children most commonly sustain injuries from falls. Children’s injuries, according to the Centers for Disease Control and Prevention (CDC). Every day, emergency rooms in the United States treat about 8,000 children for injuries brought on by falls. Playgrounds, particularly those featuring monkey bars and slides. They represent some of the most frequent sources of injury. Although falls are the most frequent injury in children of all ages, newborns and toddlers are particularly prone to falls. Our little children just lack the same degree of balance and control over their movements as older children and adults do. There are numerous effective practices for preventing child falls. They can aid in lowering the risk of a serious injury. Falls can happen anytime, anywhere.
Accidental collisions. Being hit by or rubbing up against something
Children bump into one another. This can happen often if they participate in sports or have older siblings. Childhood injuries of this nature can occur anytime, anywhere. These incidents are really small mishaps brought on by playing a little too vigorously. It can be just a case of getting distracted. Data from the 2000–2018 All Injury Program of the CDC and NEISS. Falls are more common. Being struck by or against an object ranks second when it comes to emergency visits. This is most typical, particularly for children ages 0 to 14.
Cuts and puncture wounds are injuries more dangerous than a mere scratch
Cuts and stabs are two ways children might hurt themselves. It’s not surprising that children can perform these actions frequently while having fun with friends or assisting you in the yard. Most wounds ache and sting. Children frequently bounce back quickly. They can then be cleaned and mended. More often, children sustain severe wounds or piercings. It is common, especially among children between the ages of five and fourteen. You should be cautious about other domestic accidents involving machinery. Cookware, silverware, and gardening tools are examples of what they include.
Stings and bites. Animals, insects, and humans all inflict wounds
The great majority of bites and stings, from bee stings to tick bites, are minor. It requires minimal to no medical attention. Bites and stings are ranked highly in data from the CDC and NEISS All Injury Program. They rank as the third most frequent cause of ER visits. Children ages 0 to 9 are most commonly affected. Bites and stings can occur anywhere, at any time, just like any other injury. Dog bites are among the most frequent injuries we see in children.
Teenage drivers and riders suffer the most injuries in car accidents
Millions of vehicular accidents happen every year. Teenagers are most often injured in these accidents. Most go through these accidents without dying. Your child may be riding shotgun in the family car. They might be on an ATV. Collisions happen. CDC says that teens between the ages of 16 and 19 have the highest risk of being in a car accident of any age group. Teen drivers are at risk for crashes, according to the CDC. The first few months after receiving their license are particularly high. Other teen passengers increase the likelihood of an accident.
Burns. Injuries are not just the result of fire
That little hand reaches for a hot pan. Children frequently suffer from minor burns. But burn injuries can deteriorate in a matter of minutes, or even just seconds. Burning from direct heat. These burns are the result of coming into contact with flames. It might be caused by steam, hot liquids, or metals. Burns from fireworks are another typical summertime hazard.
Foreign objects. When an object is in the wrong place
It is likely that every child will come into contact with a “foreign body.” Children always do at some point throughout their childhood. Children who are curious often get things stuck. It will be a sweet pea in their nose or a splinter in their finger. Graver situations do arise. Children between the ages of 1 and 4 years old are most vulnerable to these “accidents.” It ranks as the fourth most frequent reason for an ER visit. The child will usually inhale or consume anything on their own. This may take place while eating. When there are many choking dangers present. It can also occur while playing. Most foreign objects can easily pass through their gastrointestinal tract.
The shortlist of possible sources of child injuries merely demonstrates that there are many possible causes of injuries that will get you to the ER. We’re not saying you discount the possibility of abuse or neglect. Child abuse allegations can be quite serious. According to Michigan law, abuse is the purposeful mistreatment or neglect of a child. Abuse is usually difficult to define legally, especially for lay people. The phrase is repeated so often that people no longer understand its true meaning. You must understand the signs of abuse or neglect to know if it’s real for you.
How can you tell if it’s an accident or an abuse?
We get this question so many times we probably have an article for every question asked. It does not even include the dozens of videos on the topic. You have to check out the video that comes with this article to access the related topics on child abuse. So what is abuse? What is neglect? The Child Protection Law as published by the Michigan Department of Health and Human Services or MDHHS defines child abuse as follows:
“Child abuse” means harm or threatened harm to a child’s health or welfare that occurs through nonaccidental physical or mental injury, sexual abuse, sexual exploitation, or maltreatment, by a parent, a legal guardian, or any other person responsible for the child’s health or welfare or by a teacher, a teacher’s aide, or a member of the clergy.
Signs of abuse
What you ought to do is investigate. See if there is any tangible proof. The MDHHS advises following a specific protocol. The protocol aids in spotting the warning indicators of child abuse. Check if your child exhibits any of the physical indicators of child abuse listed below:
- Medical needs that weren’t satisfied.
- Not being watched over or supervised.
- Persistent signs of hunger.
- Inappropriate clothes.
- Poor hygiene.
- The child’s stomach is swollen and emaciated.
- Significant weight reduction.
Signs of neglect
When a person who is supposed to safeguard a child—such as a parent or legal guardian—harms them. It is considered neglect when a caregiver makes any of the following threats to harm the person.
- Not giving someone adequate food, clothes, shelter, or medical attention.
- Failing to take action to lower a risk to a child’s welfare or health.
Do a medical check
When you take the child to the doctor, they find nothing wrong. The doctor claims there is no physical proof of this. You will recognize that a few things could be happening. Even though they can’t see it, the doctor believes there is a plausible case of abuse. To be sure, your doctor will do a few further procedures or tests. Your doctor is required to disclose any abuse if they have reason to suspect it. Medical professionals have to disclose any interactions they have with children. on a regular basis. They are compelled by law to report any children who they believe are at risk of child abuse. The report is based on their professional judgment.
Mandatory reporting of child abuse
When you take the child to the doctor, they find nothing wrong. The doctor claims there is no physical proof of this. You will recognize that a few things could be happening. Even though they can’t see it, the doctor believes there are plausible child abuse charges of abuse. To be sure, your doctor will do a few further procedures or tests. Your doctor is required to disclose any abuse if they have reason to suspect it. Medical professionals have to disclose any interactions they have with children. on a regular basis. They are compelled by law to report any children who they believe are at risk of child abuse.
The report is based on their professional judgment. This is another reason why you should discuss these issues with your spouse first. Talk first before hiring a professional. Before you do, make notes about the signs so you can discuss specifics. If these assumptions are false, it is preferable to leave this between the two of you. Look for a more effective approach to communication. The doctor might suspect there are indications of child abuse. You can lose the right to keep these matters private.
What if your ex-spouse is not properly supervising your children during parenting time?
You both have the right to raise your children any way you see fit. You might disagree with the parenting style. If the co-parent’s parenting style is in the child’s best interests, your options are limited. Make sure the other parent is informed of your plans. If you must leave children unsupervised or in the care of others, exercise caution.
Parenting styles
In contrast to how you do it, they are raising your children. And as a co-parent, you must accept that as a fact of life. At the same time, both parents may be in the right or wrong. The method of parenting is based on desire and viewpoint. You are aware that central Michigan is home to a diverse population. They may use parenting techniques that are detrimental to growing children. A parent cannot be compelled by the court to use a specific parenting approach. Courts refrain from debating or discussing parenting strategies. They value excellent parental time more than parental practices.
Your concerns might not be related. It might only be instances of poor parenting. By simply talking to each other, it can be resolved. Sometimes someone will be a little late. The terms of your parenting plan may be knowingly and regularly broken by a co-parent. A court can intervene. Your Michigan child custody attorney may file your application to have the court’s order enforced on your behalf.
Your options
If you believe that the way your ex-spouse is raising your children puts them in danger, you have options. Inform the local police or Children’s Protective Services (CPS) of your worries. If you think your kids are in any way being harmed, that is. It will take some practice for you to relinquish some of that parental control. The issue at hand may be limited to what constitutes a typical bedtime. For instance, how many sweets should a child be permitted to eat each day? You can always revisit your custody and parenting time order.
CPS and the Police should be a last resort
We highly advise against contacting the CPS or the police. Only in instances of genuine child abuse, neglect, or indications of criminal activity should you contact the police or CPS. When your child reports that your ex-partner is abusing them, you don’t want to involve CPS very early in the process. Talk to your child about it. Work it out with your ex. You could also look for expert assistance outside of CPS and the court. The doctor might advise that your child undergo counseling. A false accusation may indicate a psychological issue at the root of the situation. And are you willing to subject your child to that?
Even with therapy, you must collaborate with your expert to determine the therapy’s objectives. You cannot use abuse as a ruse to get your co-parent in trouble. You can’t just go around accusing others of abusing children and crying wolf. Anyone who intentionally submits a false report accusing an individual of abuse or neglect is guilty of crimes. The defendant is guilty of a misdemeanor punishable by up to 93 days in jail, a fine of up to $100, or both if the reported child abuse or neglect is the equivalent of a misdemeanor but would not constitute a felony if true.
What do you do if your child gets hurt in your ex-spouse’s custody?
What do you do if your child gets hurt in your ex-spouse’s custody?
We mentioned earlier that injuries can be an unavoidable part of growing up. Expect a few trips every year to the ER. There will be injuries that are more serious than others. The main thing is to have a contingency when these “accidents” happen.
Check your child’s injuries
Verify that your child isn’t at any immediate risk. To report them, dial 911. Get them to the closest hospital emergency room. Once your child is secure, examine their wounds. Keep track of the location, extent, and severity of any wounds. If you can, take pictures of the wounds. Keep track of your child’s medical care in writing. Make a note of the doctor’s name, the visit’s date and time, and the medicine used.
Document the injuries
Take photos of the injuries. Keep track of your child’s medical care in writing. This information may be useful. Your child might have sustained serious injuries while in your ex-spouse’s care. You might need to provide evidence.
Talk to your child about what happened
Your child suffered an injury. Find out how it happened. Check if anyone else was present. It’s crucial to pay attention to what your child is saying. Accept your child’s account of events. Do not brush off their concerns. Avoid telling them they are making things up.
Report the injury to the authorities
You can report the injury to the police, child protective services, or your lawyer. The police will investigate the injury. They may decide to press charges against your ex-spouse. Child protective services may also investigate the injury separately. CPS can decide to remove your child from your ex-spouse’s custody. Your lawyer can help you understand your legal rights and options. Your lawyer can also represent you in court if necessary. It is best you reserve this as a last option.
Change the custody arrangement
You might believe your child is unsafe in your ex-spouse’s custody. You may need to change the custody arrangement. You can file a motion with the court to modify the custody order. In your motion, you will need to explain why. You must show why you believe the current custody arrangement should be changed. Why it is no longer in the best interests of your child. The court will then decide whether to modify the custody order.
You’re not alone. Protect your child. Use resources made available to you. Show that your ex-spouse mistreated or abused your child. You can alter the custody arrangement. Your child doesn’t have to spend time with your ex-spouse anymore.
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