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Shelter care order

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Lostinspaceiam

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

I am a custodial father of 2 boys 11 and 17. My ex-wife lives in a home temporarily where there is documented violence and 2 arrests in the last 10 months and one family violence call made against her. My 20 year old son was the one in the 2 arrests but his grandmother was beating him with a metal pole and he was bitten badly. According to police reports there is drug trafficking and use at the residence by the uncle.

I did not want my young sons to experience this environment and asked my ex to take them somewhere else for the summer visitation to which I was told I was a control freak jackass.

At the advice of my attorney a shelter care order was filed. My ex ignored the order and took them anyway. Then at the hearing my ex agreed to spend the visitation away from that home and the judge agreed to let her conitnue her visit. I was relieved with that action.

Now there is a full hearing at the end of the month, but I am not sure what that is for since she complied with what the judge asked. My attorney said I need to supply witnesses and evidence of my ex being unfit. While I think my ex is violent and not a good parent, I was not aiming to prove her unfit, I wanted just to prevent my kids from the danger at that household.

I have not slept in days. I feel like my attorney got me involved in something bigger than I intended. What are the possible outcomes of this and can I motion to withdraw the complaint? I have a meeting with her tomorrow but wanted an outside opinion.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Georgia

I am a custodial father of 2 boys 11 and 17. My ex-wife lives in a home temporarily where there is documented violence and 2 arrests in the last 10 months and one family violence call made against her. My 20 year old son was the one in the 2 arrests but his grandmother was beating him with a metal pole and he was bitten badly. According to police reports there is drug trafficking and use at the residence by the uncle.

I did not want my young sons to experience this environment and asked my ex to take them somewhere else for the summer visitation to which I was told I was a control freak jackass.

At the advice of my attorney a shelter care order was filed. My ex ignored the order and took them anyway. Then at the hearing my ex agreed to spend the visitation away from that home and the judge agreed to let her conitnue her visit. I was relieved with that action.

Now there is a full hearing at the end of the month, but I am not sure what that is for since she complied with what the judge asked. My attorney said I need to supply witnesses and evidence of my ex being unfit. While I think my ex is violent and not a good parent, I was not aiming to prove her unfit, I wanted just to prevent my kids from the danger at that household.

I have not slept in days. I feel like my attorney got me involved in something bigger than I intended. What are the possible outcomes of this and can I motion to withdraw the complaint? I have a meeting with her tomorrow but wanted an outside opinion.
Has your attorney decided to involve CPS/CSB?

A shelter care is the FIRST step in the process. From the sounds of things you brought a PRIVATE abuse/dependency/neglect case against your wife. You now have to follow through on adjudication where your child will be adjudicated abused/neglected/dependent on the basis of your ex-wife refusing to protect him from same/due to her actions/inactions. You are going to prove her unfit basically.

After which, if you prove your child is endangered or abused or neglected or what have you, there will be a dispositional hearing in which you can move for full custody and no visitation for your ex wife. You can also have the court order your ex wife to complete various things such as finding independent, appropriate housing; parenting classes; counseling and so on and so forth.
 

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