Not sure where to start! ((Emergency Situation))

[MFranzo]

Hello, my name is Liz and my husband and i need help.  Its a very long story but ill try to keep it simple. Here goes. I have two step-children. They are 6 and 7 and have had a very rough life so far. In 2003 they were taken away by CPS due to severe neglect and my step-son was left in his crib for days with no food and my step-daughter was found licking off of the floor.

Their mother has a serious drug problem and at the time the children were placed with my mother in-law. They lived with her for about 3 years and in that time their mother got clean and went to parenting classes and did what was asked of her to get the kids back. The kids returned to their mother part time in May of 2007, and went back full time by August of 2007.

For a while things were well and my husband and i were taking the kids regularly, and i had offered to take the children to to the pediatrician for their check up because we were getting concerned that they might not be getting the proper care. At the first appointment with my mother in law present the Dr felt they were being medically neglected and called CPS. Their mother refused to let us have contact after that and moved to a new location and slipped away from CPS.

She soon moved in with her sister for a few months and again started doing well. She was there for about 8 months and we were able to see the children when they came to visit my mother in-law, but recently the mother had to move out. She has recently moved in a two bedroom apartment with four adult men, one of which she is dating and has recently gotten his children taken away for kicking his son so hard in the rear that he made him bleed and who has been in and out of jail, four children and 3 dogs.

The house is filthy and there has been a lot of foot traffic in and out and rumors that she is using again. Last school year after moving out of her sisters house the school has called CPS on her twice for how many days the kids were missing school and my step-son recently was in the care of a woman who had her kids taken away due to abuse and she had pushed him so hard on a toy that he fell off and broke his wrist.

CPS has an open case on her, but it is not considered bad enough to remove the children. When my mother in-law, who is in family services, called the CPS worker to find out they told her that they couldn't give a lot of info but if that were her grandchildren she would be doing anything she could to take those kids out of the house and said there is a serious drug situation going on there.

My husband and i talked and agreed that the best place for the children is with us, and have filled out the parenting plan, but we have not turned it in yet wondering if we should also give any other documentation.

I know this is very long, but i need people to see the seriousness of this situation. If anyone can help or offer any ideas please do. I am fearful of what might happen to these children and the state does not seem to be as concerned. Thank you for any help.

[ocean]

Why were the kids place with mother-in-law before you husband? Have you had court ordered visitations throughout this time? Does he have any court orders at all?

[KidsinAZ]

The father needs to contact an attorney about filing for custody of the kids.   And he really does need to have an explanation as to why he didn't file for custody when the kids were removed from the bio mom for neglect.  I know if I was a judge, I would be asking why myself.   

[MFranzo]

Well the mother of the children was willing to sign over to the mother-inlaw, that is how she ended up with the children. my husband and i were at the time not able to care for the children, financially.  There has never been an order as far as custody with my husband goes, he has never had an order against him. His mother is also willing to file a third party guardianship, either way we are trying to figure out what is the better plan. Anyone can see that the kids should not be in the situation they are in.

[KidsinAZ]

So what's stopping him from filing for custody now?  Or at least a court ordered parenting plan? 

[MixedBag]

what stopping him/dad is not knowing how to physically do it I bet.

and possibly not having the money.

mother-in-law as in dad's mom?

Personally, if she is on your side and willing to testify --

Actually, what PROOF do you two have (as in Dad and Step-mom) of the children's living conditions and mom's behavior?

Maybe go to the magistrate's court and file an emergency protection order there and state -- only if this is true -- that the children are in danger and ask for temporary custody.

Then follow up with family court actions.