Need to get joint custody back

[Bluedawnm]

I need to get at least joint custody of my daughter back. About two years ago I had a serious drug problem that made the state take custody of my daughter. They placed her with her father that was never in her life. When the court gave him custody it was put on the paper that I am suppose to get to see her at least supervised visits with her. Now it is horrible I don't get to see her at all. The paper states that its at her fathers discrestion. They keep me out of her life at all cost. I have been sober for a year and half. I went to rehab , parenting classes , and even after care but they refuse to let me contact her. I don't know where to turn. Legal aide say they won't help me because social services were involved. I don't even know where to began to get some kind of rights. Can someone help me please?

[ocean]

Who wont let you see child, dad? Do you have any upcoming family court dates? Is your CPS case still open?

If your case is still open, contact your case worker (or their supervisor) or go to their office. Tell them you want to see child but dad is not allowing it. Have them set up supervised visits.

If there is no court dates coming up, you can file yourself in family court for a parenting plan to be put into place as father is not allowing visits. You will not get joint custody right away, follow what they give you and each time ask for a new court date so the plan can be re-evaluated and increase time and eventually over-nights again if you stay clean.

Remember, you child is not a pawn. Her father stepped up to the plate and took her when you could not. Depending on child's age and understanding of what happened, you may need to ask for counseling for the two of you as part of the parenting plan. Your child went through a lot and needs to be able to trust you again. Get copies of any programs you finished, neg drug tests, offer to have tests done...

[Bluedawnm]

No the case is closed and there are no more pending court dates. I just need to know what to do to see her without having to hire a expensive lawyer.

[MixedBag]

OK, we're not attorney's.


You figure out how to file a "Motion to Show Cause" and ask that the court hold the father in contempt for lack of ANY supervised parenting time over the last XXX months.


NO parenting time is the key.


And you work your way up from there.

[ocean]

You have to file in family court where the last set of court papers were filed. Ask where family court petitions are done. Go to that office and see how it works there. In my state it is free and their is someone to type up the petition for you (they are not a lawyer, just tell them what is going on and they do the paperwork). Some places have it online and you can do it yourself and then file. Some places it is a small fee to file. Go and talk to someone in family court, they have legal aid services there if you qualify and tell them that social service has closed the case so you need help getting the supervised visits enforced.