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Best Interest?

Started by bernie1978, Jan 02, 2010, 10:01:27 PM

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bernie1978

In 2009, everything we knew changed. CPS informed us of two things: (1) we may have a preteen daughter and (2) she was molested. To top it off, then they got upset when we said we wanted custody.

A little background. We have a teenager with the BM. We have been back and forth to court with her for the past 13 years. She has SEVERAL other kids with multiple fathers. CPS made her submit to a paternity test to find out who they needed to go after because mom "gave" her daughter to these men so they wouldn't beat on her. After finding out for sure that this child is also his, we have lauched a case to get both children out of the environment. We have presented a lot of good evidence of the emotional, physical, sexual, and educational abuse. We had one GAL who reported that the removal of these chilldren is needed. Although the judge read the report, CPS submitted a motion to remove the recommendation from the hearing because we did not live in that state. They stated that BM went to all her MANDATORY classes and should be given an opportunity to raise all her children under one roof. Prior to their involvement, BM only had 2 kids with her at a time. We were assigned another GAL, who NEVER contacted us, but submitted a report that contained only allergations from mom against us. She submitted the report to the judge. She did not interview us at all.  BM went four months without an attorney. During the hearing, we found out that the GAL recommended a lawyer from her law firm to represent the BM. Our attorney asked that she be removed from the case. Upon further investigation, we found out that her current attorney is the brother/co partner of a lawyer that was retained by a immediate family member and questions about us was asked. She gave the info not knowing that the info was fed to the brother. 15 minutes before the hearing, the original judge couldn't hear our case because BM and the Judge had a major argument when the judge was an attorney. We had to find another judge to hear our case. After waiting over two hours, we were told that he didn't feel comfortable making the decision during a temporary hearing.

The timing for the removal of the kids was perfect. After the holidays they would start a new school. Now they are put back in the same situation. The teachers call my SS a horrible student. My SD states she hates school and she will fight everyday. My SS is in the 6th grade, sup[pose to be in the 7th and reading on 2nd grade level. The BM stated the school said he does not qualify for their programs. WHAT? We are waiting on the trial date, but this is tremendously frustrating because we have court ordered visation for my SS, but nothing for the SD. After talking to her, we booked tickets for both kids to spend the holidays with us.  She did not take the kids to the airport. Instead she called and asked why we didn't send them something for xmas. We told he because we were under the impresion that they would be here for the holidays. We asked why she didn't put them on the plane, she said she didn't know. She turned around an took them to my inlaws because she didn't have anything for them.

This is a brief summation of the issues. We were told to bring attention to this case. My question is, will that help? My SD is scared to be with her mom. She is with my inlaws and refuses to go home. My SS is acting out, he told his therapist that he hates his sister and he wants to join a gang. We are afraid of what they may do. Waiting and not losing our faith is the hard part.

Advice needed!
Bernie