Temporary Emergency Custody

[daddyinpdx]

I have a question for any one who can answer. My daughter was recently taken out of the home by DHS for reported Child Abuse. I was notified by DHS out of state of the incident. I immediately flew down to see about my daughter. When I arrived, I was told by DHS that my child was placed with the moms friend (nearby) and that a saftety plan was in place.

The mother agreed that she applied more than necessary force to the child causing my daughters arm to bleed from possible belt buckle blows.

My daughter was then taken to counseling which they suggested that mother recieve psy counseling.

I filled for emergency custody and was granted. The child and I returned to my state of residence. I then after filled for sole cutody and the mother objected. She desires for us both to share joint custody with her maintaining physical custody after she finishes her anger management classes.

My question is does she have leverage to obtain physical custody in a few months after DHS "founded" child abuse?

Mother is presently on "supervised visitation" as per DHS.

DHS has since withdrawn their case immediately after my recieving temporary emergency custody.

[MixedBag]

Well, it's hard for any of us to accurately predict what will happen in court.

Did you file for "sole" custody back in Mom's state?

We dealt with DHS once too on an incident and usually their role is re-unification of the family.

That being said, I think you're giving some conflicting information.

At the end of the day, did DHS finish a report and find that there was Child Abuse?

Was the supervisesd time ordered by the court?  or DHS?

Then you say DHS has withdrawn their case -- what case?  Did they file legal motions (probably in juvenile court)?  And what did that say?

[MixedBag]

Well, you also got some good advice from Soc.

However, let me add something then since I don't know what distance you're talking about with regards to geography.

Anyone that you want to testify as to how well your child is doing with you will have to travel to the current jurisdiction of the court.

[daddyinpdx]

Yes, I filed for "sole" custody three days after I recieved tep Emer Custody. Mom was served with sole custody papers last week and sent a response the next day.

We both must appear in Domestic Relations court in moms state in 1 month. The child will have been in my custody for 2 months.

DHS presented a report to the court during the exparte motion (judges chambers) stating that mom has been abusive.

The judge ruled that the mom have supervised visitation as by DHS. The case worker for DHS told me that they were not filling in juvinile court because they are not taking custody of the child because I the
non-constodial parent has arrived to keep child safe.

DHS said that supervised visits with the mom are at my discretion. They also presented to the court a document from the counselor suggesting that the mom get further psy counseling.

DHS did I repeat did write a report finding child abuse.

Supervision ordered by the court.

DHS did say that a criminal investigation is pending.  

[daddyinpdx]

My Attorney suggested the same strategy after filling the sole custody petition.

Attorney says that mom has no legs to stand on due to the letter from DHS and the judge and DHS suggesting that the child not return to the home until the mom gets help.

We also have a second letter from the shrink that DHS took my kid to and it also sugests that the mom gets further psyc counseling.

Not to mention a letter from the child to the judge which is attached to   the petition. The letter is also nototrized as well.

Pictures were taken of the wounds (skin removed)

[4honor]

DHS in OR thinks they are gods. IF they are currently on your side, only previous abuse allegations on your part or your own behavior can scuttle you in court.

DHS in Oregon can and has made allegations of abuse and kept a child from their biological parent based on the allegations -- refusing to return the child even when allegations were proven not only unfounded, but falsefied in criminal court.

During their "investigation" they pick apart EVERYthing one says and goes on a further witch hunt for FURTHER instances of alleged abuse or abusive behaviors... using abuse the parent may have suffered as a child as "proof" that a parent "more likely than not" has and is exibiting the same behaviors.

The object of these witch hunts are to get single parents to give up custody of their children to the State... that way the children can be adopted which = $$$$$ to the state - more so than collecting and distributing CS$ affords them.

They will likely back you up all the way to withdrawing all rights from BM.

BUT don't think for a moment they are your friend or are working in you or your child's best interests. They have their own agenda.

[daddyinpdx]

4 honor,

Thanks also for your words of knowledge. My objective is not to get back at my BM. My objective is to take the high rode and first guarantee the safety of my child by providing a safe, secure environement, free of gossip and parent bashing, instilling values and principles that the child can live by, and arraange counseling sessions for the child to help clear some of the baggage that has been damaging for the childs growth.

My child has adopted a "poverty mentality" I'm not saying this to say I'm upper class or anything. For example, I took her to the store and went to buy two items of everything and (name brand) and the child tried arguing with me because she thought we couldn't afford the items.

I informed the child that purchasing goods weren't her decision but my responsibility as a parent. The child also fears asking for things because she thinks I will say no or that I will get madd.

It's definately a process, but I have faith.