help

[mickey26]

Please any ideas at this time would be helpful. My husbands X has abused his two sons twice leaving bruises on them and has got charged with abuse both times. Her boyfriend that is living with them has a investigation going on for mental abuse and physical abuse on the boys also. which we found out today is going to be founded also. But the case worked still will not take the boys from her.  The last abuse from the boys mother and the boyfriend have been in the last month. My husband has filed for custody of his sons but they will not take them and give them to him while they are fighting everything out. how much do these boy have to take before the state will take them away. They do not want to go home we have them for the long weekend.  We were told if we do not take them back on Monday we would get charged with kidnapping.  My husband is not sleeping not eating and getting sick over all of this he is trying so hard and it seams we keep hitting a brick wall.  Now we found that she moved and last night the boys spent the night at there new place that she never told us about. She does not have everything moved in to the new place but we do not have a phone number to get a hold of her all weekend.  Any help that we could get would be helpful.

[dipper]

HI, I am new to this as well.  However I did want to mention that for an emergency change in custody - as I understand it - you have two specific criteria.  1- significant changes since the last court order and 2 - best interest of the children.  Well, if she is living with a person with mental problems and she herself is under investigation for abuse there is substantial stress in their household - so maybe that could be #1...and in the best interest of the children....(2) you and your husband can provide a loving, stable, safe environment.   And maybe since this order would just be temporary until something is decided one way or another about her......the court would be more willing......I was just doing some reading on this tonight...

Can we post links to other sites?  Not sure...I was reading an actual case and it gave some great insight into what you need to prove....

Good luck!  I pray the boys and your husband will be alright.  

[skye]

have you filed through the court for emergancy hearing for temporary custody, pending the custody hearing?

[Peanutsdad]

Your husband needs to file an ex parte motion for hearing and present the findings of CPS as his reason that the children may be in danger of harm.

The reports that abuse is occuring are sufficient grounds to grant a ex parte hearing. He will then have to have a follow up hearing that the mother will be at in order to affirm a decision to keep the kids with him or revoke the temp order if mitigating evidense shows that he should not have been granted an emergency custody order.


Secondly, I would forward the cps reports and refusal to act to the media. Child services have been getting quite the black eye in the media over failed cases where children are harmed and no action is taken.


Tips For Getting Started
http://www.deltabravo.net/news/10-19-2000.htm

How To Hire An Attorney
http://www.deltabravo.net/custody/hiring.htm

Hiring An Effective Attorney
http://www.deltabravo.net/custody/effective.htm

Success Factors In Obtaining Custody
http://www.deltabravo.net/custody/tips.htm

http://www.deltabravo.net/custody/missed-visit.htm


One of the first things you'll hear around here is "Document, document, document!". Having good records is *crucial*. Get yourself either the Parenting Time Tracker (PTT) at: http://www.deltabravo.net/custody/tracker.htm or the OPTIMAL Custody Tracking service at: http://www.parentingtime.net. The PTT is good, but the OPTIMAL service is definitely better.