Possible child abuse

[amymarie]

The CPS guy still hasn't called DF back either - NO ONE is returning our calls. We're getting worried. It's the same guy that investigated the first case. Since it's a small town, we're also worried about them taking BM's family's side just for the fact that the people working on the case may know them personally.

Do we need a lawyer to file an ex parte motion? I've tried to find information about it but the only thing I can find is the temporary protection order. Is that the same thing?

[ksmarks]

Can't dad file in Tennessee an order to show cause based on the supporting paperwork form your state?  I would think that your state would assist you in filling one there, as they have the same concerns.

Does the child have a Law Guardian?


I would attempt to get an order locally asap  (in the a.m), and if refused drive it to the county  ( and state) that has juristidition with supporting documentation.

[ocean]

No not the same thing. You file in family court, can do it yourself, asking for emergency temporary custody due to abuse/allegations. State you have a dr letter and that CPS opened a case and child is due back to mom on Monday.
This will be several hours at the court house. Someone will type up the petition for you and you will then go before a judge and state your case, judge will then make a decision if you have enough for emergency custody. You can file the restraining order at the same time, naming both mother and grandfather. I would do it tomorrow since mothers small town cop may have her go get one on you first... The sheriff in her county I will serve her the RO.

You can get a lawyer to file for you and go with you.

[amymarie]

Well fortunately the custody court order is through our county. DF is planning on going to the courthouse tomorrow as soon as he gets the letter from the doctor.

[amymarie]

Oh and no, she does not have a GAL. She had one before after the first false allegations but the one we got was a piece of crap. We had to pay her $3000 to do absolutely nothing. She sided with mom before she even spoke with mom (she tried to get ahold of mom for three months and couldn't) and even told DF that most courts think that girls should go to moms and boys should go to dads (which was obviously her way of thinking). She said that even though DF was an awesome father she still though dd should go to BM.

[amymarie]

Ocean - that sounds exactly like what a TPO is here. A restraining order is different though.

[MixedBag]

Kitty -- we dealt with CPS, DHR, call them whatever, in BOTH states.

Each was passing the buck to the other state waiting for the other state to do something.

Alabama said "Child lives in WV, so WV has jurisdiction."

West Virginia said "Allegation happened in AL, so AL has jurisdiction"

and they sat tight waiting for the other state to do their thing.

It wasn't until I called and said WTF is going on, did the two states agree that the incident/allegation happened in AL, so AL had jurisdiction.  But WV interviewed our son because dad was withholding him there.  AL interviewed us because it happened in our home and we're here.

Point is that sometimes the parents have to get DHR's butt in gear otherwise you're left hanging and a child can be hurt.

(BTW -- Dad was found in contempt for withholding child.  SO -- before you withhold a child, you better make absolutely sure you can prove what you're going to accuse the other parent of doing.)

Civil stuff gets filed in the court that has jurisdiction -- which sounds like it's Georgia. 

But Dad needs to get smart on the criminal side of with holding a child from the other parent and whether or not GA state laws have a clause that says he can do so if he fears for the safety of the child.  And he better be able to prove his fears.

Sounds like they can do that.

[ocean]

You can file for the RO in family court if they were married. It can also be done in criminal court if you get a police report. Hmmm,,,did you/cps file a police report? Bring that to court with you also any paperwork or names and telephone numbers from cps. You can tell judge that the two states are seeing who has juristiction but in the meantime , time is running out for the child to go back.
Good luck!

[amymarie]

Yes, when we called CPS in GA they were closed so they just sent two officers over and we filed a report with them. So there is a police report here, but the detective in charge of it is the one who told us they would have to close the case soon since they don't have jurisdiction. We are trying desperately to file one in TN but the guy we have to file it with won't call us back (apparently only one cop in their town knows how to file a police report - WTF).

MB - so dad got held in contempt for holding the child? Did he not file a protective order or anything? The CPS doctor said that her letter would be enough for us to hold dd here, but I don't really believe her. Although we do have a clause in the custody order that says both parents "must follow all doctor's orders" so if the doctor orders dd to stay here, would we be in contempt? On one hand, we're violating the visitation agreement, but on the other hand, we're following the doctor's orders like the CO says we have to.

BM withheld dd from us last time before she got the TPO and our lawyer told us that even though she violated the court order and was in contempt, she probably wouldn't actually be held in contempt since she thought dd was being abused. So it would probably depend on the judge if we would actually be found in contempt. I have no idea what DF will do if we can't get a TPO.

You people have been so helpful. Thank you so much. DF and I are really stressed over this and it's hard when we have to keep a straight face on for dd's sake.

[MixedBag]

MB - so dad got held in contempt for holding the child? Did he not file a protective order or anything? The CPS doctor said that her letter would be enough for us to hold dd here, but I don't really believe her. Although we do have a clause in the custody order that says both parents "must follow all doctor's orders" so if the doctor orders dd to stay here, would we be in contempt? On one hand, we're violating the visitation agreement, but on the other hand, we're following the doctor's orders like the CO says we have to.

On the day that our son was supposed to return south and come here, dad didn't send him and put him on a plane.  So I filed a "Motion for Contempt"and in it I said something like "Dad took the law into his own hands and failed to file a Motion with the court requesting that he not have to return the child."  Well, the day he got the Motion for Contempt, he filed an Emergency Motion which did just that.  The judge heard all of our motions together (along with two others) and said that his Emergency Motion was really an answer to my motion.    But the thing is that the Emergency Motion initially was handled separately and I had 30 days to answer.  In my answer I requested that the Emergency Motion be combined for a hearing along with the other three pending motions on XX date where there was already a hearing scheduled.    So even though he declared an emergency, I had 30 days to respond.  And nothing that came in the letter of instructions from the court said that Dad was allowed to hang on to the child even if his 30 days were up.

BM withheld dd from us last time before she got the TPO and our lawyer told us that even though she violated the court order and was in contempt, she probably wouldn't actually be held in contempt since she thought dd was being abused. So it would probably depend on the judge if we would actually be found in contempt. I have no idea what DF will do if we can't get a TPO.

See that's just it.  If you can't prove that her keeping the child from you was malicious and that she willfully violated the order, there will be no contempt.  What there will be is missed time with targeted parent that can't be made up.

Go over to Soc's page -- even if he isn't there -- and search on elements of contempt and you'll find the post where the original soc outlined three key elements.

I don't know how many times EX#3's EX "got away with hiding" behind her concern that Dad was abusing her and her children and wasn't found in contempt when she kept the kids from him.

GA DHR Closed?  Keep after them.  And then you'll also be entering a whole 'nother world where even working with them leaves a bitter taste in your mouth sometimes.

BTW -- when you called CPS in GA, did you call the next day, and the next, and so on until you got a hold of a WARM body?  I'd be calling and knocking on their door until I got someone.