Child Custody

[True24]

I have (no had) joint custody with my ex-wife of my daughter.  My ex has been physically abusing her and I have been trying to build a case against her to get custody without involving DFACS.  Before I could file in court, my ex got caught by DFACS and they have taken my daughter.  Now even all my rights have been taken away and I have to see my daughter at supervised visitations at the same time as my ex.  Is it me, or is there somthing really messed up with our system?  Can anyone give me any advice?

[dontunderstand]

What state are you in?  

Why did they state you have to have supervised visits also?

Why would you not want to get DFACS involved if you knew she was being abused???

[KAT]

You need to obtain a lawyer & get this before a judge. Don't let DFACS call the shots here. Let them explain to the judge why you are only allowed supervised visits when you weren't the one who was charged with the abuse. Also, if you are in a one party taping state purchase a mini voice activated tape recorder & tape THEM....(cause they can lie). You didn't say how long your child has been in fostercare but if she is in non-relative care 15 out of 22 months then the state can have your rights terminated. If this is the case you'll want to find a relative to care for her & have them file a motion to intervene as soon as possible
You need to learn your rights. Here is a good place to start.
http://reliableanswers.com/cps/legal/handbook.asp
Good Luck to you.
KAT

[joni]

you need to sue DFACS for physical custody of your daughter immediately.  don't subject yourself to any of their rules, you are not the abuser here.

[True24]

I am in the state of Georgia.  No one will tell me way I have to be supervised.  They say its regulation.  I had joint custody until this point and the only part of the divorse decree that they are aknowledging is the part where I still have to pay my child support.  I didn't want to envolve them because people I had talked to said that this would happen.  That they would put me under a microscope and take over.

[True24]

Thank you for the information.  I have obtained a lawyer, but it seems everyone in the state of Georgia is afraid of DFACS or somthing.  It will be a month and a half when we go back to court ( the 31st) that she has been in foster care.  This will be the third time we will be in the same court room to try to receive temporary custody.  It keeps getting delayed because DFACS has 30 days to serve a home evaluation from the time it is ordered, ane they are taking every minute of it.

[True24]

How do you suggest I handle them then? It seems to me that they are in control of everything.  Is it possible for me to sue DFACS.  Isn't that like sueing the government?  Who is over DFACS?

[True24]

Also now my ex is calling my daughter at her foster house and talking to her at night and telling her to tell the judge that she was lying and that she never abused her.  She is telling her to say her injuries came from the trampoline.  But I cant even have the phone number?  Will this work for her if my daughter changes her story?  Or will the court know that she change it under duress of wanting to go home?  Im so scared.

[joni]

Google baby....we currently are trying for emergency custody of my SD.  She's in our care, due to return to abusive mom on Monday.   I found an atty on line who specializes in suing DCFS for mismanaged cases.  We're not using this atty....yet..... but I would not hesitate to talk to her if something doesn't go well.  

Here's what I found quickly online of Georgia atty who are going after DCFS.  I would contact him for hire or for a reference:

Don Keenan
http://www.gahsc.org/terrell/keenan1.html

http://www.keenanlawfirm.com/contactus.html

You'll see on this board, many parents utilize a non family law atty for family court, when appropriate.  Like a dad falsely accused of sexual abuse might use a criminal atty.

[mc24]

Try this site

http://fightcps.com

Lots of useful info here, and a message board with people who are really knowlegeable in this area.

Hope this works out for you.

[True24]

Thanks alot for all the help and information.

[True24]

Thanks alot Ill keep you posted.