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Custodial parent not able to care for child.

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jack1929

Junior Member
What is the name of your state (only U.S. law)? Nebraska

I was called by DHHS today(Sunday) to discuss the situation concerning my child and her mother. From what i was told by the DHHS rep was that the mother of my child (who has custodial rights) is unable to care for my daughter for an indeterminate amount of time due to a situation that arose between her and her husband. Upon discussing the matter with my daughters grandfather on her mothers side her mother was beaten so badly she started having seizures and requires hospitalization for at least 3-4 weeks. My daughter goes to school an 90 minutes from where i live so it is very impracticable for me to commute her to and from school. Her grand parents on her mothers side have offered to take care of her during the week but its still a 60 minute drive for them so just as impracticable. Thankfully my daughter was with me when this happened and did not have to see the situation.

I want to know if there is something that I can due or if it is in my power to switch my daughters school or file for temporary emergency custody or something.
Please help I'm lost on what I can do to make this situation manageable.
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? Nebraska

I was called by DHHS today(Sunday) to discuss the situation concerning my child and her mother. From what i was told by the DHHS rep was that the mother of my child (who has custodial rights) is unable to care for my daughter for an indeterminate amount of time due to a situation that arose between her and her husband. Upon discussing the matter with my daughters grandfather on her mothers side her mother was beaten so badly she started having seizures and requires hospitalization for at least 3-4 weeks. My daughter goes to school an 90 minutes from where i live so it is very impracticable for me to commute her to and from school. Her grand parents on her mothers side have offered to take care of her during the week but its still a 60 minute drive for them so just as impracticable. Thankfully my daughter was with me when this happened and did not have to see the situation.

I want to know if there is something that I can due or if it is in my power to switch my daughters school or file for temporary emergency custody or something.
Please help I'm lost on what I can do to make this situation manageable.
Are you the LEGAL Father? If so what are the custody orders?

ETA: https://forum.freeadvice.com/child-custody-visitation-37/just-need-some-clarification-611269.html
 
Last edited:

CJane

Senior Member
Do you really think it's in your child's best interests to change schools for a month, and then change back?
 

jack1929

Junior Member
Do you really think it's in your child's best interests to change schools for a month, and then change back?
Upon finding out that she is also facing charges for putting him in the hospital as well im sure i don't want my daughter in that home.
 

CJane

Senior Member
Upon finding out that she is also facing charges for putting him in the hospital as well im sure i don't want my daughter in that home.
And yet, your original post was only about how inconvenient it would be to drive Kiddo to school for a few weeks.

Has the child ever been harmed while in Mom's care?
Were you aware there was an issue in Mom's home prior to this?
 

Ohiogal

Queen Bee
Upon finding out that she is also facing charges for putting him in the hospital as well im sure i don't want my daughter in that home.
Has she been charged? Is there a TPO in place for between your ex and her boyfriend? What has DHHS done about the situation?
 

LdiJ

Senior Member
There is also the potential problem that DHHS will take the child into care and will not want the child removed from the current county.

Dad, you really need to make sure that you have a full handle on exactly what is going on before you make too many moves. I would recommend an attorney to look into the situation as fully as possible. I realize that is problematic for school, but if it turns out that the police decide that mom is the victim and that any actions on her part were defensive (which is possible given the severity of her injuries) it may get complicated. Is there any family at all who could maybe get her back and forth to school for a week or so until you can get the best possible handle on the situation? Or in the alterative, to have a discussion with the child's teacher and principal to see if the child can do her schoolwork from home for a week or so?
 

Ohiogal

Queen Bee
There is also the potential problem that DHHS will take the child into care and will not want the child removed from the current county.

Dad, you really need to make sure that you have a full handle on exactly what is going on before you make too many moves. I would recommend an attorney to look into the situation as fully as possible. I realize that is problematic for school, but if it turns out that the police decide that mom is the victim and that any actions on her part were defensive (which is possible given the severity of her injuries) it may get complicated. Is there any family at all who could maybe get her back and forth to school for a week or so until you can get the best possible handle on the situation? Or in the alterative, to have a discussion with the child's teacher and principal to see if the child can do her schoolwork from home for a week or so?
DHHS cannot take the child into care without a court order and a hearing -- a hearing for which dad would need to be served. DHHS is NOT all powerful and they do NOT make the rules. I do agree about the attorney however and your other suggestions.
 

stealth2

Under the Radar Member
What is the name of your state (only U.S. law)? Nebraska

I was called by DHHS today(Sunday) to discuss the situation concerning my child and her mother. From what i was told by the DHHS rep was that the mother of my child (who has custodial rights) is unable to care for my daughter for an indeterminate amount of time due to a situation that arose between her and her husband. Upon discussing the matter with my daughters grandfather on her mothers side her mother was beaten so badly she started having seizures and requires hospitalization for at least 3-4 weeks. My daughter goes to school an 90 minutes from where i live so it is very impracticable for me to commute her to and from school. Her grand parents on her mothers side have offered to take care of her during the week but its still a 60 minute drive for them so just as impracticable. Thankfully my daughter was with me when this happened and did not have to see the situation.

I want to know if there is something that I can due or if it is in my power to switch my daughters school or file for temporary emergency custody or something.
Please help I'm lost on what I can do to make this situation manageable.
The grandparents apparently do NOT consider it impractical (that's actually the word you wanted) to take the child to school on a temporary basis.
 

CSO286

Senior Member
The grandparents apparently do NOT consider it impractical (that's actually the word you wanted) to take the child to school on a temporary basis.

And considering that many school children have bus rides that exceed one hour, it also doesn't really fall into the impractical category.
 

TinkerBelleLuvr

Senior Member
What you folks are calling the guy out on is: 1.5 hours to school - possibly another 1.5 hours back to work. Wash. Rinse. Repeat. With that said, what time does the child have to be picked up from school? Sorry folks but I can see it as impossible that dad do that AND keep a job.

Now, could the grandparents maybe pinch hit and pick up from school and dad then go pick up the child from the grandparents? Dad delivers to school in the AMs. Think outside the box here. Is there a parent whose child goes to school with the child and could watch the child after school?

And somehow I have a feeling this may be more than just a "couple" of weeks. Is mom facing therapy? Will she be homeless with this happening?

Dad really needs to talk with mom and see if the child gets pulled from her school for the balance of the school year and stays with dad until mom gets back on her feet. If someone beats you badly enough to place you in a hospital, this is serious.
 

stealth2

Under the Radar Member
What you folks are calling the guy out on is: 1.5 hours to school - possibly another 1.5 hours back to work. Wash. Rinse. Repeat. With that said, what time does the child have to be picked up from school? Sorry folks but I can see it as impossible that dad do that AND keep a job.

Now, could the grandparents maybe pinch hit and pick up from school and dad then go pick up the child from the grandparents? Dad delivers to school in the AMs. Think outside the box here. Is there a parent whose child goes to school with the child and could watch the child after school?

And somehow I have a feeling this may be more than just a "couple" of weeks. Is mom facing therapy? Will she be homeless with this happening?

Dad really needs to talk with mom and see if the child gets pulled from her school for the balance of the school year and stays with dad until mom gets back on her feet. If someone beats you badly enough to place you in a hospital, this is serious.
I think the suggestion of a week (or two) was to give Dad time to find out what the actual situation is. Dad should really find out what the deal is before yanking the kid from school half-****ed.
 

LdiJ

Senior Member
I think the suggestion of a week (or two) was to give Dad time to find out what the actual situation is. Dad should really find out what the deal is before yanking the kid from school half-****ed.
That is exactly what I was suggesting. If the grandparents can get the child back and forth to school from their home, then let the child stay there during the week for a week or two until the full picture is available...or, in the alternative see if the school will allow the child to work from home for a week or two until dad truly knows what is going on.
 

torimac

Member
Is there a reason why he cannot file for emergency custody? This is a change in the child's life. Given how long courts drag things on, I could see this temporary change lasting at least until the end of the school year.
If it was me, I would be filing for a change in custody. Yes the child may have to change back this summer, but in the meantime, the father can provide a stable, safe environment for his child.
 

Ohiogal

Queen Bee
Is there a reason why he cannot file for emergency custody? This is a change in the child's life. Given how long courts drag things on, I could see this temporary change lasting at least until the end of the school year.
If it was me, I would be filing for a change in custody. Yes the child may have to change back this summer, but in the meantime, the father can provide a stable, safe environment for his child.
I don't see where anyone said he couldn't file for emergency custody. Or even shouldn't. I asked questions however that he has not answered that could shed light on the issue. Everyone seems to be saying that dad needs to be sure of the facts.
 

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