A dad says that the mother of his child wants him either in jail or in the ground, and she is manipulating his child to lie to avoid being yelled at by mom. He is fighting to maintain a relationship with child and he feels he is unable to continue.

A dad says that the mother of his child wants him either in jail or in the ground, and she is manipulating his child to lie to avoid being yelled at by mom. He is fighting to maintain a relationship with child and he feels he is unable to continue.

Here is my reply in the hopes that it helps other parents who are seeking justice for themselves and their children.

I am not a attorney and this is not legal advice.

You say your child's other parent wants you in jail or dead, and that they are abusing your child into making false statements about you.

Firstly, it is OK to take a break from fighting your abuser. You are only human.

Sounds like:

What Is Domestic Violence?

Does your partner ever….

Insult, demean or embarrass you with put-downs?

Stop you from seeing your friends or family members?

Make all of the decisions without your input or consideration of your needs?

Tell you that you’re a bad parent or threaten to take away your children?

https://www.thehotline.org/is-this-abuse/

All victims have equal access:

"No person in the United States shall, on the basis of actual or perceived ...sex..be excluded from participation in, be denied the benefits of, or be subjected to discrimination underany program or activity funded in whole or in part with funds made available under [VAWA]"

https://www.justice.gov/sites/default/files/ovw/legacy/2014/06/20/faqs-ngc-vawa.pdf

See also:

Improving Law Enforcement Response to Sexual Assault and Domestic Violence by Identifying and Preventing Gender Bias

https://www.justice.gov/ovw/policing-guidance

It sounds like your child is subject to repeated abuse which subjects them to serious emotional harm as well as exploitation to be weaponized in the other parent's ongoing pattern of domestic violence.

Federal legislation provides guidance to States by identifying a minimum set of acts or behaviors that define child abuse and neglect. The Federal Child Abuse Prevention and Treatment Act (CAPTA) (42 U.S.C.A. § 5106g), as amended by the CAPTA Reauthorization Act of 2010, defines child abuse and neglect as, at minimum:

"Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation"; or "An act or failure to act which presents an imminent risk of serious harm." This definition of child abuse and neglect refers specifically to parents and other caregivers. A "child" under this definition generally means a person who is younger than age 18 or who is not an emancipated minor.

https://www.hhs.gov/answers/programs-for-families-and-children/what-is-child-abuse/index.html

If I were you I would consider a protective order including supervised drop offs at your abuser's expense.

I would also consider a lawsuit for intentional infliction of emotional distress. This may be especially appropriate if other adults besides your child's other parent are participating in emotionally abusing you and your child.

https://www.law.cornell.edu/wex/intentional_infliction_of_emotional_distress

Failure of the court to protect your relationship with your child from this onslaught of abuse, as well as their failure to protect your child from abuse and parental alienation may be:

Possible failure to "protection of civil rights". Failure to "use of the reasonable and prudent parenting standard"

42 U.S. Code § 671 https://www.law.cornell.edu/uscode/text/42/671

Possible failure to respect:

"There is a fundamental right under the Fourteenth Amendment for a parent to oversee the care, custody, and control of a child."

Troxel v. Granville, 530 U.S. 57 (2000) https://supreme.justia.com/cases/federal/us/530/57/

Any social worker who is aware of this child abuse and has not acted to protect your child may be aiding in denying the child a relationship with loving parent and not reporting their own or colleagues' abuse:

A person who, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 on Federal land or in a federally operated (or contracted) facility, or a covered individual as described in subsection (a)(2) of such section 226 who, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, as defined in subsection (c) of that section, and fails to make a timely report as required by subsection (a) of that section, shall be fined under this title or imprisoned not more than 1 year or both.

18 U.S. Code § 2258.Failure to report child abuse

https://www.law.cornell.edu/uscode/text/18/2258

State child support, parenting time, and child protection are all primarily funded under federal law Title IV-D and Title IV-E. Consider filing complaints.

HHS Office of Inspector General

Phone. 1-800-HHS-TIPS (1-800-447-8477)

https://oig.hhs.gov/fraud/report-fraud/contact.asp

HHS Office of Civil Rights

https://www.hhs.gov/civil-rights/filing-a-complaint/index.html

Department of Justice Civil Rights

The Civil Rights Division of the Department of Justice, created in 1957 by the enactment of the Civil Rights Act of 1957, works to uphold the civil and constitutional rights of all Americans, particularly some of the most vulnerable members of our society. The Division enforces federal statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status and national origin.

https://www.justice.gov/crt

I wish you the best of luck in your search for justice.