Indiana DCS questions and assistance

[Zigner]

Generally, when you sign a representation agreement (aka retainer agreement), it will list the scope of representation. Does your agreement include custody matters?

 

[IG123456]

Generally, when you sign a representation agreement (aka retainer agreement), it will list the scope of representation. Does your agreement include custody matters?

actually it does say: in reference to cause #------- and subsequent issues related.
Does this mean I have to keep this attorney through this process? I do not feel like this attorney has my children's best interest at heart.

 

[Just Blue]

I do have the physical copies of the PO. It states "except for all matters of visitation as decided by a court"
No, the mother is the abuser. The boyfriend was present, and participated in some form of physical abuse, but the majority of it was the mother.
The GAL is basically stating that being a single mom is hard and I should not make it difficult by filing for a PO.
I am only trying to protect my children, it makes no sense.
The attorney wants the GAL thrown off the case because of that statement.. However, I do not know if that is the correct move to make..

The GAL is truly an idiot if s/he really said those words. If s/he did say that I agree with the attorney s/he should be removed from the case.

 

[Zigner]

actually it does say: in reference to cause #------- and subsequent issues related.

The "...subsequent issues related" part likely includes the custody as well, so you're ok there. In any case, you're free to fire your attorney at any point.

 

[IG123456]

The GAL is truly an idiot if s/he really said those words. If s/he did say that I agree with the attorney s/he should be removed from the case.

Well at least that validation makes me feel like my attorney is not a complete moron. I know being a father against a mother is an up hill battle and I get beat up about being critical of the mothers parenting, being demanding of myself and the mother to put the children first. This started years ago in a plain ole custody battle. I lost 50-50 from this same GAL's initial report saying I was too critical by asking the mother to give the children their prescribed medication, return clothing, inform me of doctors visits...etc.
The second GAL report was much of the same, too critical, mother needs to take some steps back to put kids first (this is the only thing GAL said in my favor) Dad needs to understand mother loves kids. I know mother loves children, as do I. I am not abusing my children.....
things calmed down for about a year after that, it was not easy to lose that time but my family accepted it and did the best my family could given the situation. We agreed outside of court again on 50-50 custody. I filed for a modification of support and then mother decided the modification of support was not a livable amount so mother wanted the time back to increase the support. This ended us with a court date to modify custody and child support again.
Things got really hairy when her and the father of her youngest child separated. I believe the mother is overwhelmed with 3 children alone. I have offered assistance that she has ignored or snidely denied. I just want to help my children. Since her separation, she has become physically abusive to the oldest child. The other children not as much or on the scale that the oldest child has experienced. The oldest child also stands between mother and younger siblings ... As oldest child thinks this is an act of protection for them but ends with oldest child getting hurt more.

 

[IG123456]

The "...subsequent issues related" part likely includes the custody as well, so you're ok there. In any case, you're free to fire your attorney at any point.

Thank you. Thank god! My kids need me to fight this with everything I have, and I do not think this attorney is up for this job.
Attorney also said if I did not sign the Informal Adjustment, my child would be a ward of the state and I would have to fight to get my child back. After what my child has been through, I did not want that to be another thing my child had to survive. (the rules here about he she they we are killing me when posting this, so hard.) After signing the IA, I spoke with a DCS worker in another county and that DCS worker said no, since you are not the abuser they would have removed child from both of your legal custody, moms physical custody and child would have been placed with you. DCS would have legal custody until the case is complete.
Attorney still has not responded to the question as to why I was advised to sign the IA.

 

[Just Blue]

Well at least that validation makes me feel like my attorney is not a complete moron. I know being a father against a mother is an up hill battle and I get beat up about being critical of the mothers parenting, being demanding of myself and the mother to put the children first. This started years ago in a plain ole custody battle. I lost 50-50 from this same GAL's initial report saying I was too critical by asking the mother to give the children their prescribed medication, return clothing, inform me of doctors visits...etc.
The second GAL report was much of the same, too critical, mother needs to take some steps back to put kids first (this is the only thing GAL said in my favor) Dad needs to understand mother loves kids. I know mother loves children, as do I. I am not abusing my children.....
things calmed down for about a year after that, it was not easy to lose that time but my family accepted it and did the best my family could given the situation. We agreed outside of court again on 50-50 custody. I filed for a modification of support and then mother decided the modification of support was not a livable amount so mother wanted the time back to increase the support. This ended us with a court date to modify custody and child support again.
Things got really hairy when her and the father of her youngest child separated. I believe the mother is overwhelmed with 3 children alone. I have offered assistance that she has ignored or snidely denied. I just want to help my children. Since her separation, she has become physically abusive to the oldest child. The other children not as much or on the scale that the oldest child has experienced. The oldest child also stands between mother and younger siblings ... As oldest child thinks this is an act of protection for them but ends with oldest child getting hurt more.

Wow...Your poor eldest. I hope this doesn't sound stupid but...in what way was her discipline considered to be abuse? What are the charges she is facing?

Not all Family Law Attorney have experience dealing with DCS. You might want to call the State Bar and ask for a referral to an attorney with extensive DCS experience.

 

[IG123456]

I will try that bar thing and see if they can assist. I found one attorney that is great with this but cannot take new clients at the moment.
Mother is not charged with anything... that I know of. Just substantiated abuse by dcs. The report was turned over to the prosecutor this week but haven’t heard anything. Again I’m assuming since the IA is in place they won’t charge mother with anything.
Mother had used tools to hit child and hit in the face , left marks on various parts of the body. Mother also, per oldest child in multiple dcs reports, holds a hand over the child’s nose and mouth impending child’s breathing to where child was scared of death.

 

[IG123456]

Wow...Your poor eldest. I hope this doesn't sound stupid but...in what way was her discipline considered to be abuse? What are the charges she is facing?

Not all Family Law Attorney have experience dealing with DCS. You might want to call the State Bar and ask for a referral to an attorney with extensive DCS experience.

Sorry I did not reply directly to you but instead posted an individual post

I will try that bar thing and see if they can assist. I found one attorney that is great with this but cannot take new clients at the moment.
Mother is not charged with anything... that I know of. Just substantiated abuse by dcs. The report was turned over to the prosecutor this week but haven’t heard anything. Again I’m assuming since the IA is in place they won’t charge mother with anything.
Mother had used tools to hit child and hit in the face , left marks on various parts of the body. Mother also, per oldest child in multiple dcs reports, holds a hand over the child’s nose and mouth impending child’s breathing to where child was scared of death.

 

[Just Blue]

I will try that bar thing and see if they can assist. I found one attorney that is great with this but cannot take new clients at the moment.
Mother is not charged with anything... that I know of. Just substantiated abuse by dcs. The report was turned over to the prosecutor this week but haven’t heard anything. Again I’m assuming since the IA is in place they won’t charge mother with anything.
Mother had used tools to hit child and hit in the face , left marks on various parts of the body. Mother also, per oldest child in multiple dcs reports, holds a hand over the child’s nose and mouth impending child’s breathing to where child was scared of death.

OMG! And the GAL think you should cut mom some slack cause she's a single mom? @$%!&@! idiot.

 

[IG123456]

OMG! And the GAL think you should cut mom some slack cause she's a single mom? @$%!&@! idiot.

The GAL has not returned my calls. I wanted to inform GAL of DCS findings... but instead GAL spoke with mom or moms lawyer and filed the response that I was trying to make moms life harder by filing for PO when DCS did not remove children. I do not know any parent that would not have done what I have to protect my children... but it seems I am going to be beat up over the fact that DCS did not remove the children so I filed a PO. So GAL has not seen DCS reports and or spoke with me about what is actually going on. Since the hearing is a few weeks away, this is my last stitch effort to obtain adequate legal council to combat this idiocy. Mother's attorney in motion to clarify PO referred to my action of filing PO as maliciously and tortuously abusing the legal system to alienate the mother from the children. After that motion for clarification the Judge submitted the subsequent order that stated the PO should not interfere with parenting time. None of this makes sense to me, my wife, my family, other dcs workers.... It seems like something you would read on the news... I hope for Justice for the children, however, the judge is a woman and has a track record for siding with mothers regardless of the severity of the situation. The normal judge was out on leave during this time, so the stand in judge issued the PO and then the clarification that it should not affect parenting time.

 

[LdiJ]

Physical Abuse. Yes, I have a pretty "low interest" attorney. I hired this attorney for child support modification, and then this all blew up. I think this attorney has no idea how to handle this. I am in the process of trying to find an attorney to assist better.

What do you define as physical abuse and where is the proof of that abuse? If DCS/CPS substantiated physical abuse its odd that they did not remove the children from the home. Its also odd that a judge granted your protective order but said that mom's parenting time should not change.

I am a little worried that the court professionals in this situation are not viewing things as serious because that could come back to bite you.

Based on what you have said even though DCS/CPS substantiated abuse they did not remove the children from the home.
Based on what you have said the judge did not change mom's parenting time even though the judge issued the protective order.
Based on what you have said the GAL is not on your side in this matter. You also need to be sure that you are not relying solely on what the children are saying, because that generally is not enough proof.

You need to make sure that you are not equating a parenting difference with abuse, and that the level of abuse justifies a protective order. I have no idea if it does or doesn't please do not assume that I am expressing an opinion on that, but based on what has happened so far it tends to indicate that the court professionals might feel it does not.

 

[IG123456]

What do you define as physical abuse and where is the proof of that abuse? If DCS/CPS substantiated physical abuse its odd that they did not remove the children from the home. Its also odd that a judge granted your protective order but said that mom's parenting time should not change.

I am a little worried that the court professionals in this situation are not viewing things as serious because that could come back to bite you.

Based on what you have said even though DCS/CPS substantiated abuse they did not remove the children from the home.
Based on what you have said the judge did not change mom's parenting time even though the judge issued the protective order.
Based on what you have said the GAL is not on your side in this matter. You also need to be sure that you are not relying solely on what the children are saying, because that generally is not enough proof.

You need to make sure that you are not equating a parenting difference with abuse, and that the level of abuse justifies a protective order. I have no idea if it does or doesn't please do not assume that I am expressing an opinion on that, but based on what has happened so far it tends to indicate that the court professionals might feel it does not.

Dcs substantiated the physical abuse. If you read back some of the other posts I added more detail about the abuse. We have not had the hearing yet so they are not inclined to deny her parenting time until all is heard in the hearing. I agree that the legal entities vested here have a very distorted view. They have not seen the evidence or the dcs report as that is saved for the hearing. They know it is substantiated. Other dcs offices have said if this was their county, the children would ha w been removed.