Divorce/child custody/DFS/unfit mother

[goldielocs4]

Missouri: the father contacted DFS for help. From the advise of DFS, they removed the childred from the household because of the mothers continued use/abuse with drugs and growing criminal record. The children, currently the custody of the state and living with a relative. The father has filed for a divorce and doing everything asked of him by DFS. The mother has failed to appear at two harrings for the divorce and children issues.

DFS informed the father that inorder for him to get his children, he must be divorced prior to the Nov 2001 child custody herring between he and the state. DFS and the courts want nothing to do with the mother, they said she will never get custody. (2 children: boy 7, girl 6)

but a lawyer advised the father that he cannot get a divorce until the custody herring, that they go 'hand-n-hand'..even though the father nor the mother currently have custody.???????

Who's right?

 

[scumcoast]

I can not speak for your state but my son in Florida is pending a hearing with DCF for the same type of case and he just finalized his divorce from the mother. The attorney set up mediation and they set custody for the child to be shared with child living with dad pending the outcome of DCF hearing. Meaning that sets custody if DCF does not change it.