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  1. #1
    bcwell is offline Junior Member
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    Children in CPS custody out of state, kidnapping, mental incapacity

    What is the name of your state? Texas, Nevada

    My Brother and his Common Law Wife had a son March 15, 2006. Feb 15, 2007, they arrived in Texas with the intention of residing here (near more family support, etc). My Brother started a job 10 days later. Our family recognized that something was wrong with the Wife almost immediately. My Brother reluctantly told us she is diagnosed with Bipolar Disorder and Schizophrenia (on SSI, also). At the time she had been unmedicated since 2005 and was pregnant with their second child. ( She has had two 6 month confinements in a mental health facility, one in Washington and one in Idaho).

    5 weeks later she called the police and claimed she had just been beaten and drug down the street by her hair (My Bother was with me, the officer clued in immediately to the psych issues and she went back to bed). The child's 1st Birthday Party was later the same day.

    The next day, March 19, 2007, she called 911 from a store and said she had been kidnapped. She and the child ended up in a shelter. The Officer called CPS and APS. I called CPS and provided specific details of her inappropriate interactions with the child. My Brother did the same. He immediately hired an attorney and filed for emergency custody, believing that she was still at a shelter. A mental health warrant was also issued. As it turned out, she was given a bus ticket to NV in less the 48 hours. Whoever interviewed her said she appeared perfectly normal.

    Attempts to serve her were also done at her Mother's home in Oregon, and another friend's home in Nevada. She could not be located.

    January 23, 2008: The children were taken into CPS custody, where they still remain.
    The home was in a horrid state, with bags and small items on the floor. Laundry detergent was spilled all over the bathroom floor. There were no sleeping areas for the young children. The 4 month old (at the time) was found sleeping in a carrier in a filthy sleeper and smelling very badly. The Mother was unable to answer simple questions. She did however state that the condition of the home was the 22 month old child's fault, and that he would never put something in his mouth because he was well fed.

    February 5, 2008: My Brother is contacted by CPS in NV. He is told that the second child is a little girl, and was given a few details about the children and their condition. He was initially accused of abandonment (these allegations were dismissed at the court hearing on Feb 28, as all of the supporting documentation was forwarded to CPS immediately). The Wife is charged with mental incapacity and agreed that the charge was valid (pled guilty?, I guess)

    Paternity was verified, and an emergency ICPC was ordered on March 20, 2008. The initial case worker reassured my Brother that the process was lengthy, but they were attempting to place the children with him, even though the ultimate goal is always to attempt reunification with the parent they are taken from.

    Some other facts here:

    The Wife was not in TX long enough to be considered a TX resident (so she is still a NV resident). Both children were born in NV and are considered NV residents. My Brother is now a TX resident (6 month residency requirement).

    It is a felony in NV to hide children from a parent with the intention of denying or the other parent a parent-child relationship. My Brother made CPS aware of this (This clearly irritated them... like stepping on their toes). He has not yet pressed charges, but did speak to the DA about it. They referred him to the appropriate detective, and also to an attorney.

    The Wife has 3 older children (19 y.o. son, twin 18 y.o. girls). The girls took her to the hospital in an attempt to have her committed on 2 occasions after the birth of the new baby on September 13, 2008).

    One of the girls (they are senior in HS and turned 18 Jan 15th) resides with the Mom. The other resides with a boyfriend and his Mother. The one that does not reside with the Mom made a statement on my Brother's behalf to CPS.

    March 20th court date: The 2 year old child appears to have brain damage... later, they are calling it an attachment disorder (This is consistent with the Mom inability to interact with the child... While in TX, she did not show affection to him at all, she never spoke to him, and brushed him away when he tried to go to her.)

    After the last court date, March 20th, (on the phone), the ICPC was ordered. Shortly after this date, a new case worker was assigned to the case (evidently, initial case worker only stays on the case for 50 days or so).


    April 3, 2008, the new case worker basically says that they will know more in June. My Brother is panicking, as it appears that CPS has flipped sides. Here, his first child was abducted a year ago (again, child abduction in NV is a felony) and he didn't even know he had a daughter until CPS contacted him, so he hasn't even met her yet. The Mom's next court date is actually July 20, 2008.

    CPS says that the case is more difficult because my Brother is in another state...ok. Remember that she kidnapped his son to go back to NV, otherwise, she would have received mental health care in TX and none of this would be an issue.

    Once the ICPC is completed, CPS now says that the kids may not be placed with him (the Father), but with the Mom's Sister if he agrees (absolutely not). He wants his children, and has no allegations or charges against him. The Mom's mental health issues have always been an issue. Her older children lived with various members until my Brother came into her life and helped her get them back (They were together 4 years before coming to TX).

    OK, we're still on April 3, 2008. My Brother called the DA to discuss filing kidnapping charges (referred to detective and an attorney). In the meantime, the CPS caseworker calls back and says she apologized for the earlier conversation, as she had not read the entire case (small glimmer of hope, maybe). My Brother calls the attorney (the DA had already spoken to the attorney about the case before the attorney called my Brother back). The attorney is fired up and has agreed to take the case at no charge to my Brother. There is an emergency custody hearing Tues, April 15th.

    I, personally, have very little trust in the system at this point. I understand that there is red tape and appropriate protocol. It goes with the territory.

    Here are my actual questions:

    Can CPS really disregard my Brother's right to have the children placed with him (legal custody will have to be established between the parents)? Paternity has been verified, and he has done anything they have asked. The children have been in CPS custody over 3 1/2 months at this point.

    Can they ignore the fact that the Mom committed a felony and has been hiding the children from him for 10 months (at the point CPS became involved)? CPS specifically asked that my Brother bring those issues up after he had the children in his care (this was earlier on, when he still had the initial case worker).

    Was it also illegal for the Mom the cross state lines with the children when she went into hiding (In TX it is not illegal to hide children from the other parent...frowned upon, but not illegal when there is no custody order). My brother was told that it was, but I have not yet found the law.

    What should be happening next? What should the attorney do from this point? (I truly appreciate that he has taken on my Brother's case, as is my Brother, but am still very cautious as this just seems to be taking so long). I do know that the Attorney with bring up the issue of abduction in court on Tuesday, as well as the Mom's mental history, and the fact that CPS took possession of the children in January. He said that the state should pick up the kidnapping charge against the Mom (I do believe this, as the DA personally called him about the case). The attorney aslo file a motion against CPS (Brother doesn't know what it was called, but it was to remove custody from CPS).

    I appreciate any responses and have more details if they are necessary. (Sorry this is so long).What is the name of your state?
  2. #2
    Ohiogal is offline Senior Member
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    You Need To Edit!

    What is the name of your state? Texas, Nevada
    BOTH? YOu need to narrow it down.

    My Brother and his Common Law Wife
    What state were they common law? In Nevada? Because if so then guess what? They are not common law.

    January 23, 2008: The children were taken into CPS custody, where they still remain.
    The home was in a horrid state, with bags and small items on the floor. Laundry detergent was spilled all over the bathroom floor. There were no sleeping areas for the young children. The 4 month old (at the time) was found sleeping in a carrier in a filthy sleeper and smelling very badly. The Mother was unable to answer simple questions. She did however state that the condition of the home was the 22 month old child's fault, and that he would never put something in his mouth because he was well fed.

    And where was your brother? When did they split up?

    February 5, 2008: My Brother is contacted by CPS in NV. He is told that the second child is a little girl, and was given a few details about the children and their condition. He was initially accused of abandonment (these allegations were dismissed at the court hearing on Feb 28, as all of the supporting documentation was forwarded to CPS immediately). The Wife is charged with mental incapacity and agreed that the charge was valid (pled guilty?, I guess)
    When did he return to Nevada? When did he and she separate?
    Some other facts here:

    The Wife was not in TX long enough to be considered a TX resident (so she is still a NV resident). Both children were born in NV and are considered NV residents. My Brother is now a TX resident (6 month residency requirement).
    Well he and wifey are NOT common law married.



    It is a felony in NV to hide children from a parent with the intention of denying or the other parent a parent-child relationship. My Brother made CPS aware of this (This clearly irritated them... like stepping on their toes). He has not yet pressed charges, but did speak to the DA about it. They referred him to the appropriate detective, and also to an attorney.
    Is he even the legal father?


    March 20th court date: The 2 year old child appears to have brain damage... later, they are calling it an attachment disorder (This is consistent with the Mom inability to interact with the child... While in TX, she did not show affection to him at all, she never spoke to him, and brushed him away when he tried to go to her.)
    And what did your brother do?


    April 3, 2008, the new case worker basically says that they will know more in June. My Brother is panicking, as it appears that CPS has flipped sides. Here, his first child was abducted a year ago (again, child abduction in NV is a felony) and he didn't even know he had a daughter until CPS contacted him, so he hasn't even met her yet. The Mom's next court date is actually July 20, 2008.
    You are talking child abduction and that did not happen.
    CPS says that the case is more difficult because my Brother is in another state...ok. Remember that she kidnapped his son to go back to NV, otherwise, she would have received mental health care in TX and none of this would be an issue.
    Without court orders she did NOT kidnap the child. She moved with HER child.

    Once the ICPC is completed, CPS now says that the kids may not be placed with him (the Father), but with the Mom's Sister if he agrees (absolutely not). He wants his children, and has no allegations or charges against him.
    Actually if the children have been adjudicated abused, dependent or neglected then he has the same allegations against him.

    The Mom's mental health issues have always been an issue. Her older children lived with various members until my Brother came into her life and helped her get them back (They were together 4 years before coming to TX).
    And yet your brother procreated with her.

    Here are my actual questions:

    Can CPS really disregard my Brother's right to have the children placed with him (legal custody will have to be established between the parents)? Paternity has been verified, and he has done anything they have asked. The children have been in CPS custody over 3 1/2 months at this point.
    Okay. Yes they can not place the children with him. Because if he cared he would have been on top of things when it came to his children. That is how they will look at it.



    Can they ignore the fact that the Mom committed a felony and has been hiding the children from him for 10 months (at the point CPS became involved)? CPS specifically asked that my Brother bring those issues up after he had the children in his care (this was earlier on, when he still had the initial case worker).
    Mom did NOT commit a felony. She moved with HER children. There were no court orders stating she could not move. Your brother wasn't even the legal father of the children if I am understanding you correctly.


    Was it also illegal for the Mom the cross state lines with the children when she went into hiding (In TX it is not illegal to hide children from the other parent...frowned upon, but not illegal when there is no custody order). My brother was told that it was, but I have not yet found the law.

    No it was not.

    What should be happening next?
    Your brother should be working his case plan.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    Ozark_Sophist is offline Senior Member
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    The focus should be on the children--not getting the mother charged with anything (other than neglect, if that was the case).

    It is a long process to place a child taken into state custody. Here in Missouri (for example), it takes at least five months to return a child in state once the child is removed rom home. Placing a child across state lines takes even more time (upwards of a year or more). The rules are rigid. The line of communication is from the caseworker up through the state level (Nevada). The state then contacts the placement state (Texas). The case trickles down through levels to a case worker who will do a home evaluation, background checks, etc. That information is then process up through Texas. Then from Texas to Nevada where it trickles down to the case worker.

    Complicating the issue would be the insistance of the father to charge the mother with any crime (not that one has even been committed). It allows questions to his ability to father children with special needs.

    Remember, it is a process that will take time. It is better to listen to the case worker than to be at odds with her/him.
  4. #4
    bcwell is offline Junior Member
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    Ohiogal,

    First of all, thank you for your response. Second, I had no idea how to quote from your response, so I had to cut and paste from Word and bold the original content...Sorry about that. Also, I had to post in two replies because of the length.



    Quote:
    What is the name of your state? Texas, Nevada
    BOTH? YOu need to narrow it down.


    [B]My Brother is in TX, The Mom and children are in NV

    Quote:
    My Brother and his Common Law Wife
    What state were they common law? In Nevada? Because if so then guess what? They are not common law.


    They were common law married in TX. There is no residency requirement in TX for marriage. This common law marriage would be recognized in all states.

    In Texas:
    Common-law marriage is known as an "informal marriage", which can be established either by declaration (registering at the county courthouse without having a ceremony) **SEE NOTATION BELOW**, or by meeting a 3-prong test showing evidence of (1) an agreement to be married; (2) cohabitation in Texas; and (3) representation to others that the parties are married. In the actual wording of the law there is no specification on the length of time that a couple must cohabitate to meet the second requirement of the 3-prong test. Under Texas law there is no required period of time of cohabitation and an informal marriage can occur if the couple lives together one day if the other elements, (an agreement to be married and holding out as married to the public) have also occurred. Likewise a couple can live together for 50 years and if they never have an agreement to be married, or hold themselves out to the public as married, their 50 year cohabitation will not make them informally married. If a couple does not commence a proceeding to prove their relationship was a marriage within two years of the end of their cohabitation and relationship there is a legal presumption that they were never informally married, but this presumption is rebuttable. In other words, even after two years a party to the relationship, or another interested party such as their estate, can seek to establish the marriage if they can overcome the presumption. Because this rule is only a presumption, and not a statute of limitations, a person in Texas that could be informally married should always go through a divorce proceeding when the relationship ceases or face possible serious legal repercussions. See Texas Family Code Sec. 2.401.

    Nevertheless, all states — including those that have abolished the contract of common-law marriage within their boundaries — recognize common-law marriages lawfully contracted in those jurisdictions that still permit it. This is because all states provide that validity of foreign marriage is determined per lex loci celebrationis - that is, "by law of the place of celebration." Thus, a marriage validly contracted in Ohio is valid in Indiana, even if it could not be legally contracted in Indiana because Ohio law is the basis of its validity.

    Quote:
    January 23, 2008: The children were taken into CPS custody, where they still remain.
    The home was in a horrid state, with bags and small items on the floor. Laundry detergent was spilled all over the bathroom floor. There were no sleeping areas for the young children. The 4 month old (at the time) was found sleeping in a carrier in a filthy sleeper and smelling very badly. The Mother was unable to answer simple questions. She did however state that the condition of the home was the 22 month old child's fault, and that he would never put something in his mouth because he was well fed.

    And where was your brother? When did they split up?


    She went into hiding March 19, 2007. He has been at the same residence in TX since they arrived together in TX, February 15, 2007.

    Quote:
    February 5, 2008: My Brother is contacted by CPS in NV. He is told that the second child is a little girl, and was given a few details about the children and their condition. He was initially accused of abandonment (these allegations were dismissed at the court hearing on Feb 28, as all of the supporting documentation was forwarded to CPS immediately). The Wife is charged with mental incapacity and agreed that the charge was valid (pled guilty?, I guess)
    When did he return to Nevada? When did he and she separate?


    February 28, 2008 was the first court date after my Brother was contacted by CPS. We (my Brother, Mother, Sister, Myself), were on speakerphone for that court meeting. CPS told my Brother (and me, because I specifically asked) that even if he was physically present at the court date, he would not be allowed to take the children back to TX. Procedures, etc. Whether or not this was true, I am not sure…that is just what we were told.

    Quote:
    Some other facts here:

    The Wife was not in TX long enough to be considered a TX resident (so she is still a NV resident). Both children were born in NV and are considered NV residents. My Brother is now a TX resident (6 month residency requirement).
    Well he and wifey are NOT common law married.


    They were according to common law marriage in TX and its recognition in all states.

    Quote:
    It is a felony in NV to hide children from a parent with the intention of denying or the other parent a parent-child relationship. My Brother made CPS aware of this (This clearly irritated them... like stepping on their toes). He has not yet pressed charges, but did speak to the DA about it. They referred him to the appropriate detective, and also to an attorney.
    Is he even the legal father?


    Yes, paternity was established via DNA testing for both children shortly after the February 28th court date. Of course, he had signed the first child’s birth certificate. She has never denied paternity either.
    NRS 126.053 Voluntary acknowledgment of paternity.
    1. After the expiration of the period described in subsection 2, a declaration for the voluntary acknowledgment of paternity developed by the State Board of Health pursuant to NRS 440.283 shall be deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child if the declaration is signed in this or any other state by the mother and father of the child. A declaration for the voluntary acknowledgment of paternity that is signed pursuant to this subsection is not required to be ratified by a court of this State before the declaration is deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child.
    NRS 440.280 Duty of registering birth: Persons required to file; time for filing; required information.
    6. If the mother was unmarried at the time of birth, the name of the father may be entered on the original certificate of birth only if:
    (c) The mother and father of the child have signed a declaration for the voluntary acknowledgment of paternity developed by the Board pursuant to NRS 440.283. If both the father and mother execute a declaration consenting to the use of the surname of the father as the surname of the child, the name of the father must be entered on the original certificate of birth and the surname of the father must be entered thereon as the surname of the child.

    Quote:
    March 20th court date: The 2 year old child appears to have brain damage... later, they are calling it an attachment disorder (This is consistent with the Mom inability to interact with the child... While in TX, she did not show affection to him at all, she never spoke to him, and brushed him away when he tried to go to her.)
    And what did your brother do?


    I am assuming you mean during the first year of the child’s life. My Brother appeared to be a good Father. Her recognized the Mom’s mental health and was attempting to get her mental health services in TX when she fled the state. He was with his son from birth until she left with him. My Brother was the consistent force in both the Mom’s and child’s life. He said she was fine when she was on her meds. The problems began after she stopped taking her meds during pregnancy.
  5. #5
    bcwell is offline Junior Member
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    Ohiogal,
    Here is the rest.


    Quote:
    April 3, 2008, the new case worker basically says that they will know more in June. My Brother is panicking, as it appears that CPS has flipped sides. Here, his first child was abducted a year ago (again, child abduction in NV is a felony) and he didn't even know he had a daughter until CPS contacted him, so he hasn't even met her yet. The Mom's next court date is actually July 20, 2008.
    You are talking child abduction and that did not happen.


    Because they meet the requirements for common law marriage in TX, they are considered married in NV as well, thus they have legal joint custody. Following is what supports this. The first excerpt is from a NV law web site and the rest is the NV code that applies.

    In Nevada, parents generally are considered to have equal rights to their children, and absent unusual circumstances, both parents have superior rights to third Parties. Nevada is gender neutral and bases it custody determination on facts and circumstances in the best interest of the minor children.

    NRS 200.359 Detention, concealment or removal of child from person having lawful custody or from jurisdiction of court: Penalties; limitation on issuance of arrest warrant; restitution; exceptions.
    2.A parent who has joint legal custody of a child pursuant to NRS 125.465 shall not willfully conceal or remove the child from the custody of the other parent with the specific intent to deprive the other parent of the parent and child relationship. A person who violates this subsection shall be punished as provided in subsection 1.

    NRS 125.465 Married parents have joint custody until otherwise ordered by court. If a court has not made a determination regarding the custody of a child and the parents of the child are married to each other, each parent has joint legal custody of the child until otherwise ordered by a court of competent jurisdiction.
    (Added to NRS by 1993, 1425)
    NRS 126.031 Relationship of parent and child not dependent on marriage; primary physical custody of child born out of wedlock.
    1. The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.

    Quote:
    CPS says that the case is more difficult because my Brother is in another state...ok. Remember that she kidnapped his son to go back to NV, otherwise, she would have received mental health care in TX and none of this would be an issue.
    Without court orders she did NOT kidnap the child. She moved with HER child.


    This is the shortened version of the response above. Because they meet the requirements for common law marriage in TX, they are considered married in NV as well, thus they have joint legal custody. Thus, a category D Felony.

    Quote:
    Once the ICPC is completed, CPS now says that the kids may not be placed with him (the Father), but with the Mom's Sister if he agrees (absolutely not). He wants his children, and has no allegations or charges against him.
    Actually if the children have been adjudicated abused, dependent or neglected then he has the same allegations against him.


    Absolutely not. She was initially accused of neglect, that was later amended to mental incapacity. My Brother was initially accused of abandonment based on her statements. This charge was dropped at the February 28th court date.
    (She has made many false statements and accusations against my Brother. For example, she filed for a TPO in NV on May 5, 2007, claiming that he was there in NV and physically abusing her…she did not appear for the court date to extend this, and she had been in hiding for 6 weeks at that point. She also claimed to CPS in her initial statement that my Brother left her and went to TX after she filed that TPO…I don’t think she expected her daughter to provide CPS with my Brother’s address.)

    Quote:
    The Mom's mental health issues have always been an issue. Her older children lived with various members until my Brother came into her life and helped her get them back (They were together 4 years before coming to TX).
    And yet your brother procreated with her.


    Yes, he did. He says that she was fine when she was on her meds, and he always helped her with that…taking her to appointments, etc. He loved her, and wants his children to know who their Mother is.

    Quote:
    Here are my actual questions:

    Can CPS really disregard my Brother's right to have the children placed with him (legal custody will have to be established between the parents)? Paternity has been verified, and he has done anything they have asked. The children have been in CPS custody over 3 1/2 months at this point.
    Okay. Yes they can not place the children with him. Because if he cared he would have been on top of things when it came to his children. That is how they will look at it.


    When a person does not want to be found, they generally will not be. My Brother called the Wife’s Mother in Oregon and left messages regularly. He did the same at other relative’s homes, to no avail. He did not know where she was until CPS contacted him.

    Quote:
    Can they ignore the fact that the Mom committed a felony and has been hiding the children from him for 10 months (at the point CPS became involved)? CPS specifically asked that my Brother bring those issues up after he had the children in his care (this was earlier on, when he still had the initial case worker).
    Mom did NOT commit a felony. She moved with HER children. There were no court orders stating she could not move. Your brother wasn't even the legal father of the children if I am understanding you correctly.


    This is the shortened version of the response above. Because they meet the requirements for common law marriage in TX, they are considered married in NV as well, thus they have joint legal custody. Thus, a category D Felony. Following is the NV code that applies.
    NRS 126.051 Presumptions of paternity.
    1. A man is presumed to be the natural father of a child if:
    (b) He and the child’s natural mother were cohabiting for at least 6 months before the period of conception and continued to cohabit through the period of conception.

    NRS 440.283 Voluntary acknowledgment of paternity
    1. After the expiration of the period described in subsection 2, a declaration for the voluntary acknowledgment of paternity developed by the State Board of Health pursuant to NRS 440.283 shall be deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child if the declaration is signed in this or any other state by the mother and father of the child. A declaration for the voluntary acknowledgment of paternity that is signed pursuant to this subsection is not required to be ratified by a court of this State before the declaration is deemed to have the same effect as a judgment or order of a court determining the existence of the relationship of parent and child.

    Quote:
    Was it also illegal for the Mom the cross state lines with the children when she went into hiding (In TX it is not illegal to hide children from the other parent...frowned upon, but not illegal when there is no custody order). My brother was told that it was, but I have not yet found the law.

    No it was not.


    OK

    Quote:
    What should be happening next?
    Your brother should be working his case plan.


    When he was initially accused of abandonment, CPS developed a case plan that included: 1.) Pay for and take an anger management evaluation (because of the Mom’s accusations), 2.) Pay for and take a parenting class. He did both of these prior to the first court date (February 28th), when his allegation was dismissed.. CPS verbally asked him to pay for the DNA test, which he also did without hesitation.
    __________________
  6. #6
    bcwell is offline Junior Member
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    Ozark_Sophist,

    Thanks for your response and I added more questions at the end of this.

    I agree that the focus should be on the children. Everyone here in TX is thankful that CPS took custody of the children, as the Mom is not mentally able to care for them.

    Initially, my Brother did not plan to press charges for abduction, it is only the recent comments made by the new caseworker that have made that seem like a necessity. Ideally, he wants his children and wants to have their Mother involved in their lives as much as possible. The problem comes with her mental disability (she hears voices, hallucinates, she hits/slaps the first child across the face... there are so many more things that were observed just in her short time in TX. Many other disturbing things apparently occurred in NV, as well.)

    I understand that the process is lengthy. The Emergency ICPC is currently in process, with the home study in TX scheduled next week.

    My Brother is not at odds with the case worker. He has spoken to CPS in NV almost daily since initial contact was made in February. Though the Mom has recently started on meds again, she has a history of noncompliance. Her older children were raised by various family members until she and my Brother got together (they are 18 and 19 now). She does not have enough family support in NV (if she did, the children would not need protection from their Mother).

    Both parents have a right to their children. The problem is that she has violated his by not allowing him access to his parent and child relationship.

    Now based on the NV code that I quoted in my response to Ohiogal, 1)he definitely has joint legal custody of the children, 2)she has committed a Category D Felony by hiding the children from their Father, 3) CPS removed the children from her custody, and 4) my Brother has no allegations by CPS against him…. Should it still take so much longer?

    Also, Tuesday, April 15th is the court date for Emergency Custody. How does this affect what goes on within CPS? Once he is granted sole custody by the NV courts (assuming that happens), are the children then released to him?
  7. #7
    LdiJ is online now Senior Member
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    Your brother has hired an attorney who is fired up enough about the case to take it at no charge. Your brother needs to be addressing his questions to the attorney, rather than to an internet message forum.

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