K
Kelly2bize
Guest
Long story made short... In March son was taken from father who has raised child from day 1. Mother left child when he was 6 months old. Father pays CS to mother even though she does not have child. Mother returns when son was 1 1/2. She left because of young age and alleged abuse. Mother returns father allows her visitation. Child is now 7 and he is taken by Dept of Family Services because of abuse. Judge orders father to follow case plan set up by FS. FS promise to help father reunite with child. In the meantime child is placed in mothers temp. care. Mother files restraining order against father. FS failed to help father set up all the necessary classes and etc. But did enroll mother is all these things. I enrolled father in all the necessary classes and evaluations he needed for his case plan. To date he is still working on these items. Father wants to get better and have his son back. Rome was not built in a day and he is trying to be patient. Continuence was filed on court date to allow him more time to finish. Father owns sole propiertorship painting company and is very busy and is in and out of town all the time. Has several military contracts. FS will call his answering machine and leave a message and demand a UA with in an hour. If he does not comply he loses next visitation. FS try everything to keep him from seeing child. Mother files for custody of child. Father hires lawyer who takes his money and drops him one week before the court date because a chemical eval. recommends he do inpatient treatment. They schedule him to go to IT in another state, for a month long, and at a very high cost to father. Father can not afford IT or the month he would be gone. Would lose business and not have a home for son to come to. Lawyer drops him because he does not go to treatment but still takes most of his retainer and then turns over all his info to FS which they are using against father. Father gets a Motion To Dismiss, state wants to dismiss temporary investigative authority because of belief the child is in no danger of abuse while in mothers care. Father goes to court and Motion is Dismissed. Father does not read or write well. Father is arrested walking out of court room for violation of restraining order. Bail is set for $25,000. Several days later he gets all the paperwork set on what motion to dismiss was about. Recommendations by board was mother having custody and father having no visitation. First question is, does mother now have legal custody of child or does she still have to file for it. Is the state have the right to give it to her. Can father legally visit son and how does he get visitation when he cannot contact the mother? Father has bad past but is trying to get well, all he wants is to see his son. Any answers please. We are from MT