S
secret agent Dad
Guest
In 1996, my two sons(6 mos. & 16 mos.) were removed from my home by Mississippi Dept. of Human Services for "special needs neglect". I was still married to their mother at that time.
The reason for the neglect charge was that the boys' asthma had become so seriously aggravated that they had to be hospitalized to get it back under control. This came about because my wife failed to give them their daily breathing treatments while I was at work out of town.
She and I have since divorced. I began fighting for the boys' return as soon as they were taken. However, I impeded my own progress with a rather excessive fondness for marijuana. This became public knowledge via a surprise visit by my mother, while I was engaged in the furthering of said fondness.
My mother then made it a part of court record that I had a "drug problem". Consequently, I ceased all consumption of any controlled substances (something a wiser man would have done much earlier) and began to fight earnestly for custody of my sons.
This battle has taken over four years now. The span of time has allowed the DHS to grant "durable legal custody" of the boys to their foster mother. I have, in turn, continued the struggle for custody with this woman.
For the entire time, I have never been out of the spectrum of the boys' lives. I have maintained first one-hour weekly visits at the DHs office, then every weekend unsupervised 48 hour visits at my home, then every other weekend 48 hour visits with only my oldest son(so modified by their legal custodian), then every other weekend 48 hour visits with both sons(court-ordered for the interim of the continuing modification of custody suit I have filed against the guardian), then every other weekend 9 hour supervised visits(so modified by the court until it could adjudge the termination of visitations suit and abuse charges lodged by the guardian), and now every other weekend 24 hour unsupervised visits(court-ordered until the judge can finish hearing our motion and their counter-motion, first heard 8/9,10/2000 and continued until 11/30 & 12/8/2000). I have missed only one of these visits, which was for the birth of my new daughter with my new wife in 3/00.
My ex-wife has been evaluated as a borderline personality and manic/depressive. She has offered no resistance to either the current placement of the boys or their placement with me. She is basically indifferent to the entire thing.
The boys have been evaluated by a psychologist. They both have been diagnosed with anxiety disorders possibly related to their current placement.
The guardian has engaged in a strategy of alienating the boys from me in an attempt to sever our bond. She frequently denies me visitations, makes allegations of abuse, and denigrates me to the boys. She has made it known(although she denies it in court) that she wants to adopt my youngest son but not my oldest and enforces it with strong preferential treatment.
My question here is going to be kind of broad. What can you tell me about a Mississippi's durable legal custody, any caselaws it has evoked, and the definition of "residual parental rights"?
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Mt. 10:16- Behold I send you forth as sheep among wolves, therefore be ye wise as serpents and harmless as doves.
The reason for the neglect charge was that the boys' asthma had become so seriously aggravated that they had to be hospitalized to get it back under control. This came about because my wife failed to give them their daily breathing treatments while I was at work out of town.
She and I have since divorced. I began fighting for the boys' return as soon as they were taken. However, I impeded my own progress with a rather excessive fondness for marijuana. This became public knowledge via a surprise visit by my mother, while I was engaged in the furthering of said fondness.
My mother then made it a part of court record that I had a "drug problem". Consequently, I ceased all consumption of any controlled substances (something a wiser man would have done much earlier) and began to fight earnestly for custody of my sons.
This battle has taken over four years now. The span of time has allowed the DHS to grant "durable legal custody" of the boys to their foster mother. I have, in turn, continued the struggle for custody with this woman.
For the entire time, I have never been out of the spectrum of the boys' lives. I have maintained first one-hour weekly visits at the DHs office, then every weekend unsupervised 48 hour visits at my home, then every other weekend 48 hour visits with only my oldest son(so modified by their legal custodian), then every other weekend 48 hour visits with both sons(court-ordered for the interim of the continuing modification of custody suit I have filed against the guardian), then every other weekend 9 hour supervised visits(so modified by the court until it could adjudge the termination of visitations suit and abuse charges lodged by the guardian), and now every other weekend 24 hour unsupervised visits(court-ordered until the judge can finish hearing our motion and their counter-motion, first heard 8/9,10/2000 and continued until 11/30 & 12/8/2000). I have missed only one of these visits, which was for the birth of my new daughter with my new wife in 3/00.
My ex-wife has been evaluated as a borderline personality and manic/depressive. She has offered no resistance to either the current placement of the boys or their placement with me. She is basically indifferent to the entire thing.
The boys have been evaluated by a psychologist. They both have been diagnosed with anxiety disorders possibly related to their current placement.
The guardian has engaged in a strategy of alienating the boys from me in an attempt to sever our bond. She frequently denies me visitations, makes allegations of abuse, and denigrates me to the boys. She has made it known(although she denies it in court) that she wants to adopt my youngest son but not my oldest and enforces it with strong preferential treatment.
My question here is going to be kind of broad. What can you tell me about a Mississippi's durable legal custody, any caselaws it has evoked, and the definition of "residual parental rights"?
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Mt. 10:16- Behold I send you forth as sheep among wolves, therefore be ye wise as serpents and harmless as doves.