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  1. #1
    bailey19782000 is offline Junior Member
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    Post cps took my step son

    What is the name of your state (only U.S. law)? ky


    first of all i want to start by saying that i am just the step parent here and i am not bashing my step sons mom in anyway just stating the facts. to be honest i get along with my step sons mom very well although i dont agree with her styles of parenting, but its not my call.

    my husband has a child with a woman in kentucky we live in tennessee about 4 hours away. my husband pays child support but doesnt have court ordered visitation although he did take her to court last year. the judge in ohio where she was living at the time told them that it was in my step sons best interest to not drag him through court and settle soemthing amongest themselves which they did and it was upheld for the most part. my step sons mom has a drug problem and that was part of the reason my husband and her stopped dating. back then it was marijuana and alcohol and now its crack. she has even gone to jail over it. after she went to jail she told my husband she was sober and he believed her. at that time she was living with her dad and had just had another baby by her abusive boyfriend. the last time my step son came for a visit he told my husband and myself that the bf was physically abusing him and his mom and that he didnt want to go home, that was in may. when my husband said something to his sons mom she and him got into an argument and she told him he could not see his son anymore. one month has gone by and out of the blue my step sons moms step mom calls me while my husband was at work and tells me that she now has custody of my step son and that cps took him and his brother( not my husbands kid) and gave them to her until they go to court in a few weeks and that he doesnt have to show because all they are going to do is give her permanent custody so she is going to use the 600 bucks a month that my husband pays for chld support and move with the kids to florida!! can she do that? i dont understand and neither does my husband. he is worried to death about his son and cps wont even return his calls. i dont get why they gave my step son to her step mom when isnt she just a legal stranger and my husband is the childs father! he is getting nowhere with child protective services all we know for sure is that his x's step mom lied and told them that my husband was never in my step sons life and then the childs mother told them that my husband was in jail! my husband is not now nor has he ever been in jail the other childs father is in jail for domestic violence and assault. does my husband have any chance of getting his son? he is a good man who doesnt use drugs, alcohol, or tobacco. he has had the same job for the last 3 years and doesnt have a criminal record.
    Last edited by bailey19782000; 06-24-2008 at 11:06 PM.
  2. #2
    Ohiogal is offline Senior Member
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    Where is the court order? You stated a judge in Ohio -- well then Ohio has jurisdiction. CPS does not do that by the way. Why hasn't dad taken mom for contempt if she is not abiding by the court order?
    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
    LdiJ is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    Where is the court order? You stated a judge in Ohio -- well then Ohio has jurisdiction. CPS does not do that by the way. Why hasn't dad taken mom for contempt if she is not abiding by the court order?
    If CPS in KY took the children, Ohio's jurisdiction isn't going to stick.

    CPS does yank children and place them with other relatives and that is probably what happened here. Dad needs to get an attorney and show up for any upcoming hearings. He should be able to get placement of his child. He may have to jump through some serious hoops to get it, but he ought to be able to get it.
  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    If CPS in KY took the children, Ohio's jurisdiction isn't going to stick.

    CPS does yank children and place them with other relatives and that is probably what happened here. Dad needs to get an attorney and show up for any upcoming hearings. He should be able to get placement of his child. He may have to jump through some serious hoops to get it, but he ought to be able to get it.
    I understand that CPS yanks children and places them with relatives -- but they do NOT
    that she now has custody of my step son and that cps took him and his brother( not my husbands kid) and gave them to her until they go to court in a few weeks and that he doesnt have to show because all they are going to do is give her permanent custody so she is going to use the 600 bucks a month that my husband pays for chld support and move with the kids to florida!! can she do that?
    take the children from one parent and give them to the other parent WITHOUT informing the other parent and performing proper service. That above does not make sense. Nor can mom just move to Florida if CPS has an open case. Nor can the court just overturn custody without due process.
    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.
  5. #5
    LdiJ is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    I understand that CPS yanks children and places them with relatives -- but they do NOT

    take the children from one parent and give them to the other parent WITHOUT informing the other parent and performing proper service. That above does not make sense. Nor can mom just move to Florida if CPS has an open case. Nor can the court just overturn custody without due process.
    I think you have misunderstood what is going on. The OP was not very clear.

    This is dad's wife posting, and dad is the ncp. Lives in Ohio

    Mom is the cp. Lives in KY

    The children were taken from mom by CPS in KY, and placed with their maternal grandmother. The maternal grandmother is stating that she will get the child support from now on and is going to move the children to Florida.

    Dad should be able to get placement, but he is not in the immediate area so he really needs an attorney and he may need to jump through some hoops. He definitely needs to show up for that hearing that grandma is telling him he doesn't have to go to.
  6. #6
    wnbama is offline Member
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    Quote Originally Posted by bailey19782000 View Post
    What is the name of your state (only U.S. law)? ky


    my husband has a child with a woman in kentucky we live in tennessee about 4 hours away. my husband pays child support but doesnt have court ordered visitation although he did take her to court last year. the judge in ohio where she was living at the time
    DAD lives in TN and MOM lives in KY, but they had some kind of order in OHIO.

    OP can you explain this further?
  7. #7
    bailey19782000 is offline Junior Member
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    my husband and his x settled out of court on a visitation order but they didnt file the paperwork with the court because his x was afraid that they would modify child support. my husband wasnt worried about the money he just wanted to spend time with his son.
    they took the kids from my husbands x because her step mom claims that she was taking my step son with her to a crack house, using drugs around him, not bathing, feeding, or getting him proper medical treatment.
    the medical treatment thing is a lie because my step sons mom takes him to the ER over a scratch and my husband has paid the medical bills to prove it.
  8. #8
    bailey19782000 is offline Junior Member
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    oh sorry for being too vague.

    my husband and his x are from cincinnati and thats where his x was living with his son until january of this year when she was evicted and moved into her dads house across the river in kentucky.

    my husband found out today that his x told CPS that he was never in his sons life and that she has no idea where he lives and lots of other things. they gave my husband a court appointed attorney for some reason and there in an adjudication hearing i july but my husands name isnt on the docket. this whole thing is confusing!
  9. #9
    LdiJ is offline Senior Member
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    Quote Originally Posted by bailey19782000 View Post
    oh sorry for being too vague.

    my husband and his x are from cincinnati and thats where his x was living with his son until january of this year when she was evicted and moved into her dads house across the river in kentucky.

    my husband found out today that his x told CPS that he was never in his sons life and that she has no idea where he lives and lots of other things. they gave my husband a court appointed attorney for some reason and there in an adjudication hearing i july but my husands name isnt on the docket. this whole thing is confusing!
    Again, your husband absolutely, positively needs to show up for that hearing, with as much proof as possible that he has been actively involved in the child's life. He needs to be prepared to ask for placement of the child.

    You are still being a bit unclear.

    Answer one question. Who has the child now? Is it the child's stepgrandmother who has the child?
  10. #10
    bailey19782000 is offline Junior Member
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    he lives with his mothers step mom so yeah his step grandmother. that is also who they were living with when cps took the kids. we were told that my step sons mom is allowed to have superised visitation from 11am - 1 pm three days a week and she is not allowed the kids at any other time. yesterday my husband got message from his sons mom asking for money and she put my step son on the phone to leave a message and this was at 5pm.
  11. #11
    bailey19782000 is offline Junior Member
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    does anyone know a site that will tell you the basic procedure that cps uses when investigating and taking custody in a situation like this? i have looked everywhere and cant find one. thanks
  12. #12
    wileybunch is offline Senior Member
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    Google CPS investigation:

    [url]http://www.google.com/search?hl=en&fkt=968&fsdt=3125&q=cps+investigation&btnG=Google+Search[/url]
  13. #13
    wnbama is offline Member
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    Quote Originally Posted by bailey19782000 View Post
    does anyone know a site that will tell you the basic procedure that cps uses when investigating and taking custody in a situation like this? i have looked everywhere and cant find one. thanks
    Here is a link to KY CHFS online manual:

    [url]http://manuals.chfs.ky.gov/dcbs_manuals/DPP/index_dpp.asp[/url]
  14. #14
    stepmom04 is offline Member
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    Confused why they would leave the child with stepgrandmother and not contact father first? Sounds like stepgrandmother is after only money...sad. This child is having to be drug through all of this.

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