You Need To Edit!
BOTH? YOu need to narrow it down.
What is the name of your state? Texas, Nevada
What state were they common law? In Nevada? Because if so then guess what? They are not common law.
My Brother and his Common Law Wife
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?
When did he return to Nevada? When did he and she separate?
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)
Well he and wifey are NOT common law married.
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).
Is he even the legal father?
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.
And what did your brother do?
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.)
You are talking child abduction and that did not happen.
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.
Without court orders she did NOT kidnap the child. She moved with HER child.
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.
Actually if the children have been adjudicated abused, dependent or neglected then he has the same allegations against him.
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.
And yet your brother procreated with her.
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).
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.
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.
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.
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.
No it was not.
Your brother should be working his case plan.
What should be happening next?
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.