How can this be LEGAL?

[denisespieces]

Ohio

For years my daughter had been abused by her husband which was a Police Officer at the time, and finally got the nerve to take their girls, ages 4 years old & 11months old, and leave him. She had an excellent paying job ($12.00) and was paying the note on her car that he co-signed for.

Her husband found out where we were living and took the car away in hopes that she would come back. When she didn’t, he went another route and accused her of abuse towards their girls. In April, May and June (2009) we had visits from Child Protective Services, each time it was un-founded. Then a month later the US Marshals came to our door at 5am looking for a “sex offender” that she was suppose to be living with. They tore the house up, scared the hell out of us and the girls, found nothing and left.

Then in Sept. (2009) at 6 months pregnant, she was arrested and accused of Endangering Children, Domestic Violence and Assault against the girls. She spent 2 days in jail before she could be bonded out and CPS took the girls because I was out of state taking care of a friend that had heart surgery.

These were TOTALLY unfounded charges that her husband brought against her and the charges were DISMISSED after 5 months of trials, and demand for discovery that was NEVER proven.

In the meantime CPS gave the girls to her husband and never allowed her visitation and started an investigation of Endangering Children, Domestic Violence and Assault against the girls of their OWN, even though the charges were DISMISSED in criminal court.

Today she had a hearing with the Juvenile courts to appease CPS and they came to the conclusion that the father was the better parent for the girls to be with, getting TOTAL custody and she no longer had ANY rights to them, visitation or otherwise!

I don’t understand this. My heart is broken. How can this be legal?What is the name of your state (only U.S. law)?

 

[Just Blue]

Who's child is your DD pregnant with? New BF or the EX? Why isn't your DD here posting for herself?

 

[denisespieces]

Are you an attorney Blue Meanie? Why can't I ask this question instead of my Daughter? Why ask who the father of the baby is?

 

[stealth2]

Are you an attorney Blue Meanie? Why can't I ask this question instead of my Daughter? Why ask who the father of the baby is?

Because, generally speaking, the party to the case knows more of the story than a third party. In other words - your daughter knows more than you do about what actually happened.

Given that your daughter was accused of endangering her children, etc... who else she is involved with matters.

 

[denisespieces]

My apologies Blue Meanie, it's been a bad day and I was out of line.

 

[Antigone*]

Are you an attorney Blue Meanie? Why can't I ask this question instead of my Daughter? Why ask who the father of the baby is?

These are very relevant questions. CPS does not remove children for nothing. Does the father of the baby have a criminal record?

 

[Hot Topic]

I find it interesting that the daughter was so concerned about what was happening to her children that she became pregnant by another man, thus giving her husband another weapon to use against her.

Sympathy for the children. Neither parent sound responsible enough to have custody.

 

[Just Blue]

My apologies Blue Meanie, it's been a bad day and I was out of line.

Could you please have your daughter post for herself now?

 

[CdwJava]

The United States Marshall's Office DOES NOT search homes looking for sex offenders unless they are also federal fugitives. So, just WHO is your daughter involved with?

CPS and the courts are not going to just seize the children based upon an ex husband's unsubstantiated claims that some unnamed party is endangering the children. There MUST be more to this tale.

Now, you say that she up and took the children. Did she move to another state? Did she obtain legal custody? Is she denying dad visitation with the children? If she absconded with the kids, that might explain her legal problems right there. Most states have laws that prevent parents from taking off with kids.

 

[Banned_Princess]

So, she waited until she was seeing another man, to leave her abusuve husband?

Didnt she think that would flame a already burning fire? Lots of women get killed for less.

Now the third baby from another man, will also be the legal child of the husband.

Great. way to go.

 

[Ohiogal]

Ohio

For years my daughter had been abused by her husband which was a Police Officer at the time, and finally got the nerve to take their girls, ages 4 years old & 11months old, and leave him. She had an excellent paying job ($12.00) and was paying the note on her car that he co-signed for.

$12.00 an hour is NOT an excellent paying job. even in Ohio.

Her husband found out where we were living and took the car away in hopes that she would come back.

So you moved with her and she was hiding the children from her husband? Who was all living in the household?

When she didn’t, he went another route and accused her of abuse towards their girls. In April, May and June (2009) we had visits from Child Protective Services, each time it was un-founded.

How do you know HE accused her?

Then a month later the US Marshals came to our door at 5am looking for a “sex offender” that she was suppose to be living with. They tore the house up, scared the hell out of us and the girls, found nothing and left.

Who is us?

Then in Sept. (2009) at 6 months pregnant,

Who impregnated her? If hubby that is one thing. If not hubby, how long has she been engaged in adultery? Where does boyfriend live?

she was arrested and accused of Endangering Children, Domestic Violence and Assault against the girls. She spent 2 days in jail before she could be bonded out and CPS took the girls because I was out of state taking care of a friend that had heart surgery.

CPS did not take the children -- the police JR 6'd them and called in CPS. Which resulted in a shelter care hearing the day after the children were removed.

These were TOTALLY unfounded charges that her husband brought against her and the charges were DISMISSED after 5 months of trials, and demand for discovery that was NEVER proven.

Her husband did NOT bring criminal charges against her. The prosecutor did. NOT her husband.

In the meantime CPS gave the girls to her husband and never allowed her visitation and started an investigation of Endangering Children, Domestic Violence and Assault against the girls of their OWN, even though the charges were DISMISSED in criminal court.

CPS does not follow criminal court -- why? Because criminal court requires proof beyond a reasonable doubt. Juvenile court requires proof by clear and convincing evidence.

Today she had a hearing with the Juvenile courts to appease CPS

Bull. She did not have a hearing to appease CPS. She has had SEVERAL hearings in juvenile court in the last five months. At least a shelter care, adjudication, disposition and now a review hearing. Try again.

and they came to the conclusion that the father was the better parent for the girls to be with, getting TOTAL custody and she no longer had ANY rights to them, visitation or otherwise!

What had she accomplished on her case plan?
What was she expected to do for a case plan? What didn't she do?

I don’t understand this. My heart is broken. How can this be legal?What is the name of your state (only U.S. law)?

You don't have all the information. it is legal especially if mom has not done squat except attended ONE court hearing to "appease" CPS.