RENO, Nev. (MyNews4.com & KRNV) -- Antonio Morales showed us a binder full of pictures he says were taken by Clark County Child Protectives Services showing his daughter Abbigail and the injuries she suffered, allegedly, at the hands of her mother in 2011.
"Injuries on top of injuries. Bruises that were already healing, with fresh bruises on top of that," Morales said.
Abbigail's mother, Roxana Arteaga, was arrested in June of 2013 by Metro Police in Las Vegas on a felony charge of child abuse, and is currently awaiting trial. But that hasn't stopped her from filing for custody of her children, Abbigail and Robert, who currently live with their father in Reno.
It also hasn't stopped Clark County Family Court Judge Jennifer Elliot from considering Roxana's request. A trial is set for Wednesday to decide who gets primary physical custody of the children, even though the mother is currently out on bail, awaiting trial on that child abuse charge.
When Judge Elliot's office was questioned, her staff said the judge's policy is to wait for resolution of the criminal matter before proceeding on custody issues.
Antonio says he's simply asking for the judge to follow her own policy in this case. "I would love for her to acknowledge that there is a criminal case and for her to step back and say let's see what happens and then go from there. It's only fair," Morales said.
But Judge Elliot is pushing forward expressing concern that Antonio is "alienating" the children from their mother. She cites that as the biggest issue in this case, not the allegations of child abuse.
"I think the alienation might have outgrown any other issue," Judge Elliot said, on the record, during a recent court hearing.
That means Antonio's children could end up in the custody of a parent who is formally charged with abuse and neglect.
Antonio says all he can do is hope that's not the outcome. "It is really hard to swallow that they could leave me and go the abuser," he said.