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Change of Custody to Father... Should We

Started by momof7, May 27, 2005, 07:41:00 AM

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momof7

No.. The judge denied the request outright....
if you can believe that!  
I asked the courts why?
and they said," Its not enough to change, even temporarily, the custody... we will need MORE to warrant a change in custody!
We are so deflatetd right now... so..
anyway....
What a horrible week this has been!
so we will be documenting more and calling CPS still....
it seems so unfair..
:( :( :(

wendl

FYI- if a non custodial parent files a CPS they in my experience do NOTHING they feel it is the other parent trying to get to the cp.

When I lived with a girl omg she was a horribel mother, it took us months of calling CPS, me, her family everyone we knew, medical records or should I say lack of them, finally the aunt was given temp custody of the kids by CPS they wouldn't go into foster care.

If their is really something wrong going on in that house, a DR, school offical or someone else that sees it should be the one calling CPS.

Good luck

**These are my opinions, they are not legal advice**

momof7

good point..
so when we see the iron marks, we should take them to the ER or Dr.?  and have them make the report?  that makes more sense.  
and I think you are right.  An attorney once told us that if we make the report, it will fall on deaf ears....
Thank you for the good reminder.  
But one thing, apparently there are "many other" CPS reports.  but we have no access to them.  Why can't my DH,  the bio FATHER have access to these?
Not sure if there is a real answer out there.. It seems so subjective.  sigh...
Have a good night!  I'm going to enjoy my stepkids until we have to take them back to their mom where they can play in the street .  haha?

wendl

Yes take them directly to the ER.

Well you could try to have your atty supeana(sp) the CPS records
**These are my opinions, they are not legal advice**

Kitty C.

School staff, all medical professionals, and anyone who deals directly with kids are required by law to be mandatory reporters.  By having one of them make the report, it is being documented by an 'unbiased' 3rd party, someone who have no personal involvement with the child or the outcome.  Thus their reports are given MUCH more weight than say a family member would be given.

One other thing......when reports are made by professionals, they are documentedmuch more thoroughly than otherwise would be, thus follow-up and paper trails are much better defined, ie. 'more ammunition'.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

momof7

that makes sense, but the thing is if we are unaware of the report being made, ie, they are in her care when the reportable incident happens, we are never informed...
I don't know...
otherwise, when they are in our care, we will report via 3rd parties...
still, we are never informed of the outcome...
so its kinda like we are left in the dark...

Kitty C.

I understand, but that's just the nature of the beast...er, CPS.  But you gotta do what you gotta do, and if it makes the process go quicker and more efficient (ie. keeps the children safer sooner) to get a 3rd party to report, then do it.  Right now, keeping them safe is more important than you knowing what's going on.  And who knows, you still might get details on the report, but just knowing that a 3rd party will be making the report should ease a lot of stress on the situation for you!
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

Foster_Mom

I am a foster parent and I know the rules in Idaho are diffrent from other states but having delt with CPS on many diffrent levels I could offer some advice. Yes, it is true that all reports to CPS are to be documented and the information is NOT accessible by the general public. It would take a supoena from your lawyer to get those reports and ONLY if he had just cause. However in order to remove a child from thier home for any kind of abuse it takes a police officer. H&W CPS CAN NOT remove a child from the home. NOT even with reports on file! CPS when they have reson to suspect abuse must have a Police officer go to the home and declair that the child is in immenent danger! Only the police can remove a child for that reson alone. Next time, and I suspect there will probably be a next time, you see her unsupervised ect... make a phone call to the police and report a child wandering astray, and it also helps to add that you belive their to be drug use in the home. If when the cop responds to the sceen he suspects neglect and can not return the child to its home then he will deem them in immenent danger and place the child in the custody of CPS. If you watch dilligently and place a phone call to CPS to let them know who you are and that you have a custody order for NCP and then push your way through the BS that always seems to follow then you have a good chance of having the child placed with you while the shelter care hearing is taking place. At the shelter care hearing the judge will determin if there is cause to hold the child in custody of CPS and what the best possible placment for the child would be in the mean time. It is usually a long shot and you would need to be able to get licenced as a Foster Home pretty fast but sometimes it is all you have. My DH and I did the same thing for my step children.

momof7

if I am reading your post right, what I think I am reading is that we have to have a license to get temporary custody of our own children?  How can that be right?
I thought that if the child has a father who has visitation, then the children automatically go with him...?
I can't imagine our children being in another person's home when we are available...
please tell me I read this wrong...
Thank you in advance...

jopanate

Here's the thing...if you are a half-way decent person (and because you are searching for advice I think you are) you have NO CHOICE but to do what you can to protect those children.  As for the timing, your pregnancy and your husband's "less than desired effort", so what! Nothing ever happens at "the best" time.  Explain to your husband you are as concerned about his kids as he is, and if you are BOTH going to help them, he needs to step it up a bit.  Yes, your teenage kids can help, but don't put too much on their shoulders.  This is an opportunity to teach all of your kids the way a real family sticks together and takes care of one another.  Good luck and keep us posted!