Rights Unjustly Taken Away

[skymagnolia]

Thank you very much for the reply.  He got to see the children in April we went that way for vacation and she brought them to Chuck E Cheese to see him for 3 hours.  Before that it had been back in 2009 at the CPS office with them supervising, and alls that kept asking was when they could come to our house.  It has been nothing but a huge battle with her from the beginning. 

[gemini3]

It sounds like the mother's parenting rights weren't terminated.  The boys were taken into protective custody until the mom could get her stuff together.  In a case like that, there is a social worker and GAL assigned the case, and they work with the parents.  The goal in these cases is to reunite the children and parent - not to take the kids from one parent and give them to another.  In order to do that they would have to terminate the mother's parental rights, and there are very specific rules that need to be followed.  They can't just take the kids from one parent and give them to the other.

It seems like your husband has taken a very passive approach to this whole thing.  He didn't pursue visitation after the divorce, and he didn't pursue the issue when the children were taken from the mother.  You can't sit around and wait for them to call you - you have to take action yourself.

What he needs to do right now is petition the court for a specific visitation schedule, and then follow that schedule to a tee.  Actively participate in the boys lives by staying in touch with them, with their schools, etc.  Then when something happens he will know about it, and will have an active relationship with the kids.  He's got to have an active role in their lives.