Back in late July my wife came home from work upset and in a bad mood. Our two yr old son was playing in the living room and my wife was on the couch using her iphone. I was in the kitchen putting food away and washing the dishes from making dinner. Our two year old would not listen to her so she got upset and started to yell at him. So with our marriage already on the rocks I hit the voice record on my smartphone to catch her yelling and cursing at our son. He would not listen to her so she dragged him by the arm to the bedroom and shut the door. It was quiet, then I herd our son trying to leave by opening the bedroom door. She yelled and I herd this slap! Skin to skin, Our son screamed like I never herd him scream before. Like he could not breath. I ran to the bedroom asking her what happen? She said he was biting or fighting her which I could not understand because our son was screaming and crying on the bedroom floor. I asked her where did she hit him at and she ignored me and stormed out to the living room. I picked up my son from the floor and put him on the bed and tried to comfort him. He pointed at his back, so I lifted up his shirt and there was a left hand print on his upper right side on his back. I mean a full hand print. I got our son and took him to the living room and turned on the end table lamp and said to my wife, look what you did to him! Look at his back. She acted like nothing and did not even bother to look. All she said was it his fault because he would not keep still. She continued laying on the couch using her Iphone. I was very upset and concern that she had no concern what so ever on what she did. I took our son to the Sheriff department and the advise me to call child protective services.
The next day I filed for divorce, custody and for child support. I also filed a temporary restraining order and move out order and included the color photos of my sons back with the papers I filed. I also let the court know I have this all on voice recorder on my smartphone and you here her yelling and you here the slap on his back and him screaming and crying. The restraining order and immediate move out order was granted. I had her served with all those papers all at once. Its been two weeks now and just last Friday she filed an ex parte for custody and visitations trying to bad mouth me to the court on her filing. The Judge Rejected her request and she still has to stay 100 yards aways from the home and our son. Now I'm just waiting for the temporary restraining order hearing at the end of this month. I have just enrolled our son in a learning day care 3 times a week. I have been the one providing his needs since Jan4 2013 as I'm on disability do to my neck which does not effect me caring and providing for our 2year old child. I have documentation about his mom being neglectful and always making other things priority then our son. She wants him when he is in a good mood but when he starts to act up like a normal 2year old does, She tell him to get away from her and does not want nothing to do with him. Her verbal abuse and her not being able to control her anger has resulted in this incident. I'm sorry but one time is one to many. You don't treat a 2year old like this and feel its okay to do so. Just my opinion. Child protective service investigation was inconclusive because they said it was her first offense and did not fall under their guidelines as abuse. Yet the family court did not feel the same way as the restraining order and move out order was granted based on my info and the photos. I requested for her to complete a 52 wk anger management program and show proof to the court before she is able to have overnight visits with our son. Until then I requested supervise visits only. Which I won't know what will happen until our court date at the end of this month.