Desperately seeking help from all sources

[miPhoneman]

  This is my first time posting, so please bear with me as the story is long and twisted, but I will be as brief as possible.  Any and All help is needed and welcome.

State of jurisdiction: MICHIGAN(known for siding with mothers)

  Cp and I divorced in 2000. Awarded joint legal with physical custody going to mother (I thought I was doing what was right for my girls) 2 children both girls, parenting time=  every other weekend and 6 weeks in summer informally taken 3 in june and 3 in august, every year.

  On June 5 girls (13&14) came for first 3 wks visit.  On june 16, friend of cp clld and asked to spead w/girls. Proceeded to inform girls (w/o telling me first) that their mother was missing and hadn't been seen for a week.  That's when the flood gates opened and the story gets ugly.

  All the facts I am about to list were not found out in order, but I am writing it that way so it's easier to understand.  Mother was missing and there was a mp report.  Was last seen leaving her home with a small bag the night before she was due in court for sentencing on her 2nd dui.

  We didn't know about her first let alone her 2nd dui (also assulting a police officer)  There was also a suicide attempt a week after the 2nd dui.  mother reappears 3 days later with an incredible story of kidnapping, rape, and being drugged..to date there is no evidence except her word, and it's been 2 1/2 months.

  Mother waits till end of day (just before she's being taken to jail for not showing up for the hearing) to call and let the girls(or us) know that she is safe.  She is held in jail awaiting sentencing.  Judge is not impressed w/story she gets 80 days 60 suspended upon pymt of fines.

  I (ncp) file for temorary custody (pro se) and are given a hearing date july 23 a month away.  A judicial hold is put on support.  Mother gets out of jail july 9, does not attempt to pick up kids.  1st hearing is informal hearing and obviously parties do not agree to (meaning cp).

  Went to FIA (child protect serv)to see is there was anything they could do, they said we had to go to fia in our cty but they would send on the report...we didn't think anything would come of it.  Lawyer adv if cp comes to get kids we will have to turn over for right now.

  Two days later cp calls demanding girls so I go get them from camp, and when I get home FIA is waiting in my driveway(on a sunday no less).  She interviewed me and my wife, and then the girls, and said she had some realy concerns of parental role reversal and domestic abuse in the cp's house, and the girls were to stay with us until further notice.

  Fia gives us the name of a counselor, and we set up appt.  The girls have seen counselor 4 times so far, and her report to the court is that the girls feel safer and happier with us, and mother has issues that she needs to deal with herself.  Cp says we arranged all this.

 2nd hearing was aug 17.  Cp was on witness stand 1 1/2 hours.  She has stated on the record that she has no job, she got evicted from her home (the marriage home)and had to sell it (a trailer she got 1600$ for), and is living with a friend, and the girls with shard a bedroom with her friends girls.

  She has no driver's liscense (from dui) and car had to be immobilized, and she still hasn't paid off her fines from court, so could end up back in jail.  Hearing was continued.  Next date is Sept 16, lawyer met with referee, and came out and gave us date, and told me to enroll the girls in school.

  We started that process and oldest joined swim team.  Cp showed up today sun aug 22 at 6pm and demanded custody.  Police were called.  Although the deputy tried his best (it was obvious girls didn't want to go) he couldn't get anyone from FIA so he could confirm and intervene.

  We had to let the girls to with cp, and we are scared for their emotional wellbeing.  Cp told deputy she has appt for herself at community mental health, and the girls are welcome to come with her to that for family counseling.

  There are many other concerns with cp.  She was not seeing to the kids medical needs (this is all documented) She refuses to use my insurance, or get any of her own even though it's court ordered.  She was in an abusive relationship, and has ordered the kids to keep all these secrets.

  I have been remarried for 3 yrs, and living in the same home for almost 5.  Have had my current job for over 4.  And through this whole thing have NEVER said a bad word about cp to children, and have made sure they have called cp although cp has only clld them 4 times and has made no attemp to visit them even though I said she could.

  She is now going after the judicial hold on the money held since june 21st...we believe she needs it to pay her fines...they must be paid by aug 30 or she goes to jail!!  BTW cp admitted in court she has alcohol and mental issues and is still drinking.

  We will be contacting our lawyer first am, and the deputy said he will make sure FIA contacts us first am also.

  Now the questions....

  1.  What chance do we have getting an emergency hearing with FOC?
  2.  How can we protect the childrens emotional wellbeing?
  3.  Do we even have a chance at getting custody?
  4.  Can she now deny parenting time?

Please help school starts aug 31.  Any and all help is appreciated!!!!!  Thank You

[socrateaser]

>  1.  What chance do we have getting an emergency hearing with
>FOC?

On grounds that the kids are in an unstable environment, pretty good.

>  2.  How can we protect the childrens emotional wellbeing?

I'm not a therapist.

>  3.  Do we even have a chance at getting custody?

Yes, Id say you do.

>  4.  Can she now deny parenting time?

No more than usual.

[Tucker]

Whoa!  

I'd say, based on what you've written, this truly shows what little Social Services actually does to protect children.  I too have been through a similar ordeal with Social Services, and the only thing I found them good at was tracking things.  They would say "SOMETHING NEEDS TO BE DONE.."  Then a few weeks later I received a letter saying they were closing the case and nothing was being done.  Not enough evidence.

Don't give up!  Keep pushing, mostly through your lawyer, to get a judge to listen to the kids.  At their age, at least in my situation, the judge wanted to hear what they had to say.  ...and make sure to keep getting them into counseling.  Having someone for them to talk with, that can track their words and attach meaning to them really helps in the court system.  You might even want to look into a Custody Evaluation, or at the very least a Guardian Adlitem.  

Good Luck!  Keep the faith!  I found that being there every step of the way for my kids won out in the end.  It's a tough process, and the road is long, but in the end it's worth every penny and moment spent!  

Final Word:  Make sure you document everything!  Hang on to every piece of paper, EMAIL, or any form of comunication possible between you and your "X".  


God Bless!