I need advice URGENTLY on Temp Custody

[adadwhocares]

Hello, I will try to make this short.... :)

My 2 children have been placed in my care for at least 48 hours upon a dcfs invesstigation into their home. Their 14 year old sister was left in charge of my 2 and their 4 year old brother for 4 days while no one knew where mom was. We are waiting anxiously to hear back from dcfs on regards to what will happen but the major concensus from an atty. friend seems to be that they will go back to the home. The home is completely unfit and this is the latest in a long line of things. She was investigated by dcfs not long ago but we are not sure what the out come of the investigation was yet. Both of my children are failing 3rd grade (one has already been held back) because of poor atttendance and failure to do work according to the teachers reports. Last night we helped them with homework and they said "wow at home we just do it by ourselves, nobody ever helps us". There is so much more as well. It is soo sad. Is there anything we can do that will help them stay with us? We will do anything.  

Thank you.

[socrateaser]

Well, in my opinion, if the mother is absent from the home voluntarily and she intentionally left the children unsupervised, I believe that would satisfy the "substantial change in circumstances" necessary to grant a custody hearing.

I would go to court with a motion for a temporary order to show cause granting you custody until such time as the mother appears and shows good cause as to why the children were left alone.

I can't imagine that you wouldn't have the order granted. Then the mother will have to appear and if the explanation is insufficient, you can ask that the court find that the "substantial change in circumstances" has taken place, and that you should be granted a new custody hearing, a GAL appointed for the children, and a psychological eval of the mother and the children.

[adadwhocares]

We just spoke with dcfs and the report was indicated and the case was opened against her. The girls do have to go home however. What do you think our chances of an emergency temp order would be?  What about a permanent order?

Thanks

[socrateaser]

If you get a copy of the report and subponea the dcfs case worker to appear and testify, then you will almost certainly get a temporary order and very probably a new custody hearing.

You cannot get a permanent order without the hearing, and you won't get the hearing without the motion for the temporary order. This is not gonna be an instant change -- you will still have to make your case.

[adadwhocares]

Also, the police department pressed neglect charges on her. Can we enter this.  We will probably file the ex parte' tomorrow. Hopefully the paper work will make the case for us. Mom is very apologetic right now and is going to "get it together" but we have heard this so many times. This is definitely a pattern.

Thanks