+ Reply to Thread
Results 1 to 13 of 13
  1. #1
    jamie1234 is offline Junior Member
    Join Date
    Oct 2009
    Posts
    6

    Question custodial interference or parental kidnapping

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

    My question is complicated. Two young children with DHS involvement division of child protective services. REturned children home 2 years ago with condition of not allowing their father, my husband to see them. He never complied with any of the services or recommendations that DHS gave. When I was not home there was a call from the neighbor for noise distubance. He was watching the kids. Police arrested husband and gave children to my father. I picked my children up from my father and I have never again reported to DHS. I would like to turn myself in and try to arrange placement for my children and then continue to comply with DHS to have children returned once again. I have been away since the incident for two years now. Would this be considered custodial interference or parental kidnapping? Does anyone know what kind of jail sentence it would be. Also I am on probation and have violations for having contact with the ex and not checking in for the last two years per the incident. My defense for taking my children is that the state had my youngest diagnosed with cerebral palsy. He could not talk or walk when they returned him. Often times I had to end my visits and ask if they would tell the foster mother to take my children to the hospital for such things as chicken pox and severe colds which had gone unnoticed by the foster parent. My children were placed with six other small children and one foster parent. My son was also unable to roll over at six months and just learned to sit up at one year. He was attending physical therapy. As soon as he was returned home he began to walk and talk and he began developing so well. Now he is better developed in some ways than his older brother. They allowed my child to be abused when remaining in the foster home because he had failure to thrive which in itself is child abuse. The grounds for removing my children were somewhat petty but not trying to downplay the concern for any of the dv they suspected because I know how seriously they must take that sort of thing. I don't have a drug problem or a history of any sort of child abuse. Any questions just ask. I appreciate any help or suggestions about going about fixing my situation. I am really nervous but I am determined to have my children. They are my heart and mean the world to me. Please help me thank you so much.
  2. #2
    Proserpina is offline Senior Member
    Join Date
    Mar 2009
    Location
    Working with Chloe O'Brian
    Posts
    39,379
    Quote Originally Posted by jamie1234 View Post
    What is the name of your state (only U.S. law)? oregon

    My question is complicated. Two young children with DHS involvement division of child protective services. REturned children home 2 years ago with condition of not allowing their father, my husband to see them.
    Why were the children taken in the first place? Were you living with Dad at the time? What happened?

    He never complied with any of the services or recommendations that DHS gave. When I was not home there was a call from the neighbor for noise distubance. He was watching the kids.
    Who had custody at this point? WHY was he watching them when he was clearly not allowed to see them?

    Police arrested husband and gave children to my father. I picked my children up from my father and I have never again reported to DHS. I would like to turn myself in and try to arrange placement for my children and then continue to comply with DHS to have children returned once again. I have been away since the incident for two years now.
    This is not good - but you know this.

    My defense for taking my children is that the state had my youngest diagnosed with cerebral palsy. He could not talk or walk when they returned him. Often times I had to end my visits and ask if they would tell the foster mother to take my children to the hospital for such things as chicken pox and severe colds which had gone unnoticed by the foster parent.
    You are making excuses.

    My children were placed with six other small children and one foster parent. My son was also unable to roll over at six months and just learned to sit up at one year. He was attending physical therapy. As soon as he was returned home he began to walk and talk and he began developing so well. Now he is better developed in some ways than his older brother.
    You are still making excuses.

    They allowed my child to be abused when remaining in the foster home because he had failure to thrive which in itself is child abuse.
    Was this proven?

    The grounds for removing my children were somewhat petty but not trying to downplay the concern for any of the dv they suspected because I know how seriously they must take that sort of thing. I don't have a drug problem or a history of any sort of child abuse. Any questions just ask. I appreciate any help or suggestions about going about fixing my situation. I am really nervous but I am determined to have my children. They are my heart and mean the world to me. Please help me thank you so much.
    You need an attorney.
  3. #3
    Blue Meanie is offline Senior Member
    Join Date
    Jul 2005
    Location
    Massachusetts
    Posts
    24,024
    They are my heart and mean the world to me.
    Per your post, no they are not. You have done everything wrong a parent can without ending up in prison...yet.
  4. #4
    LdiJ is online now Senior Member
    Join Date
    May 2004
    Posts
    65,480
    Quote Originally Posted by jamie1234 View Post
    What is the name of your state (only U.S. law)? oregon

    My question is complicated. Two young children with DHS involvement division of child protective services. REturned children home 2 years ago with condition of not allowing their father, my husband to see them. He never complied with any of the services or recommendations that DHS gave. When I was not home there was a call from the neighbor for noise distubance. He was watching the kids. Police arrested husband and gave children to my father. I picked my children up from my father and I have never again reported to DHS. I would like to turn myself in and try to arrange placement for my children and then continue to comply with DHS to have children returned once again. I have been away since the incident for two years now. Would this be considered custodial interference or parental kidnapping? Does anyone know what kind of jail sentence it would be. Also I am on probation and have violations for having contact with the ex and not checking in for the last two years per the incident. My defense for taking my children is that the state had my youngest diagnosed with cerebral palsy. He could not talk or walk when they returned him. Often times I had to end my visits and ask if they would tell the foster mother to take my children to the hospital for such things as chicken pox and severe colds which had gone unnoticed by the foster parent. My children were placed with six other small children and one foster parent. My son was also unable to roll over at six months and just learned to sit up at one year. He was attending physical therapy. As soon as he was returned home he began to walk and talk and he began developing so well. Now he is better developed in some ways than his older brother. They allowed my child to be abused when remaining in the foster home because he had failure to thrive which in itself is child abuse. The grounds for removing my children were somewhat petty but not trying to downplay the concern for any of the dv they suspected because I know how seriously they must take that sort of thing. I don't have a drug problem or a history of any sort of child abuse. Any questions just ask. I appreciate any help or suggestions about going about fixing my situation. I am really nervous but I am determined to have my children. They are my heart and mean the world to me. Please help me thank you so much.
    I am really confused. You stated that they arrested your husband, turned the children over to your father, you picked up the children from your father, and basically left.

    Then later on you mentioned foster care. When were they in foster care in this timeline?
  5. #5
    jamie1234 is offline Junior Member
    Join Date
    Oct 2009
    Posts
    6

    I am asking for help not judgement. I do realize that this is a bad situation.

    Before involvment.....Family member called and made report. Police came to check for DHS. Husband and I had no contact order per my probation. My PO said she would lift it if I attended 6 DV classes. I denied them access into the house. They claimed to have smelled marijuana. That was their basis for taking my children that evening. They never found any marijuana just "smelled" it. They put me in jail that night for endangering a minor but dropped the charges. I also submitted to UA's the day after police contact. UA was negative for everything. Also throughout the whole DHS case I took extensive DV classes 9 months worth and my PO never did grant the contact with my husband. We probably would have approached the whole situation very differently if she had after the 6 classes.
  6. #6
    Antigone* is offline Senior Member
    Join Date
    Dec 2007
    Location
    In honor of JetX ~ Somnambulist University
    Posts
    21,221
    Quote Originally Posted by jamie1234 View Post
    Before involvment.....Family member called and made report. Police came to check for DHS. Husband and I had no contact order per my probation. My PO said she would lift it if I attended 6 DV classes. I denied them access into the house. They claimed to have smelled marijuana. That was their basis for taking my children that evening. They never found any marijuana just "smelled" it. They put me in jail that night for endangering a minor but dropped the charges. I also submitted to UA's the day after police contact. UA was negative for everything. Also throughout the whole DHS case I took extensive DV classes 9 months worth and my PO never did grant the contact with my husband. We probably would have approached the whole situation very differently if she had after the 6 classes.
    You got the best advice you're going to get from an internet forum. Your case is going to be particularly difficult to resolve in your favor. You will need an attorney.
  7. #7
    Proserpina is offline Senior Member
    Join Date
    Mar 2009
    Location
    Working with Chloe O'Brian
    Posts
    39,379
    Quote Originally Posted by jamie1234 View Post
    Before involvment.....Family member called and made report. Police came to check for DHS. Husband and I had no contact order per my probation. My PO said she would lift it if I attended 6 DV classes. I denied them access into the house. They claimed to have smelled marijuana. That was their basis for taking my children that evening. They never found any marijuana just "smelled" it. They put me in jail that night for endangering a minor but dropped the charges. I also submitted to UA's the day after police contact. UA was negative for everything. Also throughout the whole DHS case I took extensive DV classes 9 months worth and my PO never did grant the contact with my husband. We probably would have approached the whole situation very differently if she had after the 6 classes.
    Please answer the questions.
  8. #8
    jamie1234 is offline Junior Member
    Join Date
    Oct 2009
    Posts
    6

    to answer your question

    Q: Who had custody at this point? WHY was he watching them when he was clearly not allowed to see them?

    The children were returned home to me and in my physical custody. I was letting their father visit with them..... when given to my father after the police call DHS wanted me to return the children back to care.

    quote They allowed my child to be abused when remaining in the foster home because he had failure to thrive which in itself is child abuse.

    Q:Was this proven?

    Not by the state. I did document anything that I thought was important with my children and their health. I have the hospital reports from when he was being assessed in state care and they thought he had left hemipligia (cerebral Palsy) and concerns for his seeing and hearing. I have no problem getting a complete assessment of his health condition now for comparison to theirs. I also have family members who witness his condition in the foster home and his development when he returned home....


    I know I need an attorney. Any idea what sort of charges I am facing? Can my case be transferred to another state once I have been there a certain amount of time? Is there any statue of limitations on this sort of case involving minor children? Although I have waited to take care of the situation will it look better that I am trying to take care of it and turn myself in instead of waiting to get caught? Does it make a difference I haven't had any trouble the last two years that I have had my children? That I don't get any sort of state assistance such as food stamps, medicare, housing? Should I speak to an attorney in my home state or where I am now? Should I not talk to the law firm that they had me appointed to? Should I have a child psychologist do an evaluation on if my children are happy at home with me sort of eval??? Thank you for any help. I really truly do appreciate it.
  9. #9
    Proserpina is offline Senior Member
    Join Date
    Mar 2009
    Location
    Working with Chloe O'Brian
    Posts
    39,379

    The children were returned home to me and in my physical custody. I was letting their father visit with them..... when given to my father after the police call DHS wanted me to return the children back to care.
    But you knew he wasn't allowed to see them - this alone is seriously going to hurt you.

    They allowed my child to be abused when remaining in the foster home because he had failure to thrive which in itself is child abuse.

    Q:Was this proven?

    Not by the state. I did document anything that I thought was important with my children and their health. I have the hospital reports from when he was being assessed in state care and they thought he had left hemipligia (cerebral Palsy) and concerns for his seeing and hearing. I have no problem getting a complete assessment of his health condition now for comparison to theirs. I also have family members who witness his condition in the foster home and his development when he returned home....
    Then you cannot prove child abuse - this is also going to hurt you; it may have been a mitigating circumstance but only if you could prove it was happening.

    I know I need an attorney. Any idea what sort of charges I am facing? Can my case be transferred to another state once I have been there a certain amount of time? Is there any statue of limitations on this sort of case involving minor children? Although I have waited to take care of the situation will it look better that I am trying to take care of it and turn myself in instead of waiting to get caught? Does it make a difference I haven't had any trouble the last two years that I have had my children? That I don't get any sort of state assistance such as food stamps, medicare, housing? Should I speak to an attorney in my home state or where I am now? Should I not talk to the law firm that they had me appointed to? Should I have a child psychologist do an evaluation on if my children are happy at home with me sort of eval??? Thank you for any help. I really truly do appreciate it.
    Honestly OP - you need more help than we can give you. You have some complex issues that really, only a competent attorney familiar with all of the facts can provide true assistance. Speak to a local attorney first - they will also probably offer guidance as to jurisdiction.
  10. #10
    jamie1234 is offline Junior Member
    Join Date
    Oct 2009
    Posts
    6

    also

    I am very scared and this is very hard for me. As you can imagine finding any kind of answers to these questions has been difficult for me. I am trying to give a lot of thought to the situation and what I am going to do about it. All I can say is thank you so much for all the help given. Unfortunately I am just a normal human being. We all make mistakes. No one is perfect. Dispite what you may judge from my situation I love my children with all my heart.
  11. #11
    Proserpina is offline Senior Member
    Join Date
    Mar 2009
    Location
    Working with Chloe O'Brian
    Posts
    39,379
    Quote Originally Posted by jamie1234 View Post
    I am very scared and this is very hard for me. As you can imagine finding any kind of answers to these questions has been difficult for me. I am trying to give a lot of thought to the situation and what I am going to do about it. All I can say is thank you so much for all the help given. Unfortunately I am just a normal human being. We all make mistakes. No one is perfect. Dispite what you may judge from my situation I love my children with all my heart.
    I can completely understand why you are scared - your future is quite uncertain and so is that of your children.

    But look - you have expressed (and more than once) that you wish to turn yourself in even though you know that by doing so there is a strong chance that you will again be without your children for another long period of time. The fact that you do actually want to try and make things right is (certainly from where I'm sitting anyway) in your favor.

    Start going through the phone book.
  12. #12
    jamie1234 is offline Junior Member
    Join Date
    Oct 2009
    Posts
    6

    not proof enough?

    So it's not proof enough that he was diagnosed with cp and he does not actually even have it?? I plan on speaking with an attorney ASAP I was trying to get any advice possible before I begin the process. You probably given me the most advice Dogmatique. Thank you
  13. #13
    Proserpina is offline Senior Member
    Join Date
    Mar 2009
    Location
    Working with Chloe O'Brian
    Posts
    39,379
    Quote Originally Posted by jamie1234 View Post
    So it's not proof enough that he was diagnosed with cp and he does not actually even have it?? I plan on speaking with an attorney ASAP I was trying to get any advice possible before I begin the process. You probably given me the most advice Dogmatique. Thank you
    CP can be somewhat difficult to diagnose; certain symptoms are shared with many other disorders and it can be tricky in a very young child who might be showing delayed development in certain areas (you know that whole lack of muscle tone thing? Me too. It's a key sign of CP but it's also present in about a zillion other conditions).

    There's no one clinical test to prove definitively that a child does or does not have CP - unfortunately that's part of the difficulty. Many physicians are reluctant to even mention "cerebral palsy" until the child is at least 3 years, but others will make an earlier diagnosis based upon what's known at the time.

    The important thing is that your son is doing much better. If nothing else, that's very positive if only for his sake alone

Similar Threads

  1. Am I commiting custodial interference/interference?
    By rbw5147 in forum Child Custody & Visitation
    Replies: 10
    Last Post: 09-19-2010, 04:12 PM
  2. Parental Kidnapping/Custodial Interference
    By father_of_2 in forum Child Custody & Visitation
    Replies: 2
    Last Post: 06-08-2010, 01:34 PM
  3. Parental kidnapping and parental rights
    By january00 in forum Child Custody & Visitation
    Replies: 11
    Last Post: 10-02-2009, 06:52 PM
  4. Parental/Custodial Interference....
    By Rushia in forum Child Custody & Visitation
    Replies: 29
    Last Post: 08-11-2007, 05:33 PM
  5. if not custodial interference than what?
    By AutumnCC in forum Other Crimes Federal and State
    Replies: 1
    Last Post: 12-19-2001, 12:02 AM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.