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Child Visitation And Custody

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linsue

Junior Member
What is the name of your state? FL
My son had weekend visitation with his daughter as ordered by the court.
On Saturday night he took her to the local skating rink and while they were there an investigator from Child Protective Services and two deputies showed up and told him they were there to take the child and turn her over to the maternal grandparents because the child's mother had just had a baby by another man and both the baby and the mother tested positive for cocaine and other drugs. (The material grandparents were on the spot to receive the child - prearranged maybe????)

My son was told to take a drug test right there at the rink since they had been told he was using drugs too. He refused, stating he needed some information and wanted to consult with an attorney to ascertain the best course of action. The CPS rep gave him her card and wrote on the back for him to be present at the judge's office at 9 a.m. on Sunday. We arrived at 8:35 a.m. and when no one else showed up, he called the CPS rep on her cell phone and she told him to go to the other side of the courthouse. We arrived there at 8:55 and were met by the CPS rep and a deputy who told us the hearing was over and there was nothing that could be done about it. There would probably he another hearing in about 2 weeks. He was told again to submit to a drug test right there and he said that in light of what just happened, he really did want to consult an attorney. I need to add that my son has never been in any trouble for drugs.

After thinking it over, 3 or 4 hours later, he called the CPS rep and said he would go immediately and take the test if he meant he could see his daughter. She told him it did not matter if he took the test and passed or did not take the test at all because he had already refused to take it.

The mother had been ordered twice in the last few months to take the test and refused - yet they did nothing to remove the child from her until she delivered a baby that tested positive.

Now he cannot see or talk to his child because the maternal grandparents have to be present and they have, so far, not allowed any contact.

Any suggestions as to the best course of action here. He has to apply for a court appointed attorney as he does not have the funds to hire one and he doesn't know how long it will take to be appointed an attorney or what the general timeline is for his to be able to see or talk with his child.

Any help would be appreciated.
 
Last edited:


LdiJ

Senior Member
linsue said:
What is the name of your state? FL
My son had weekend visitation with his daughter as ordered by the court.
On Saturday night he took her to the local skating rink and while they were there an investigator from Child Protective Services and two deputies showed up and told him they were there to take the child and turn her over to the maternal grandparents because the child's mother had just had a baby by another man and both the baby and the mother tested positive for cocaine and other drugs. (The material grandparents were on the spot to receive the child - prearranged maybe????)

My son was told to take a drug test right there at the rink since they had been told he was using drugs too. He refused, stating he needed some information and wanted to consult with an attorney to ascertain the best course of action. The CPS rep gave him her card and wrote on the back for him to be present at the judge's office at 9 a.m. on Sunday. We arrived at 8:35 a.m. and when no one else showed up, he called the CPS rep on her cell phone and she told him to go to the other side of the courthouse. We arrived there at 8:55 and were met by the CPS rep and a deputy who told us the hearing was over and there was nothing that could be done about it. There would probably he another hearing in about 2 weeks. He was told again to submit to a drug test right there and he said that in light of what just happened, he really did want to consult an attorney. I need to add that my son has never been in any trouble for drugs.

After thinking it over, 3 or 4 hours later, he called the CPS rep and said he would go immediately and take the test if he meant he could see his daughter. She told him it did not matter if he took the test and passed or did not take the test at all because he had already refused to take it.

The mother had been ordered twice in the last few months to take the test and refused - yet they did nothing to remove the child from her until she delivered a baby that tested positive.

Now he cannot see or talk to his child because the maternal grandparents have to be present and they have, so far, not allowed any contact.

Any suggestions as to the best course of action here. He has to apply for a court appointed attorney as he does not have the funds to hire one and he doesn't know how long it will take to be appointed an attorney or what the general timeline is for his to be able to see or talk with his child.

Any help would be appreciated.
If your son doesn't mess with drugs then he was a fool not to take the test when CPS demanded it. All he has done is made things more complicated.

You need to move heaven and earth to find a way to get him an attorney IMMEDIATELY....do not rely on a court appointed one.
 

tigger22472

Senior Member
LdiJ said:
If your son doesn't mess with drugs then he was a fool not to take the test when CPS demanded it. All he has done is made things more complicated.

You need to move heaven and earth to find a way to get him an attorney IMMEDIATELY....do not rely on a court appointed one.

I agree. If he would not have refused the drug test and he came out clean at the very most I bet he could have gone tomorrow for an emergency hearing and depending on the courts could have possibly had his daughter living with him by the end of the week (absent any abuse or neglect issues). Add to the fact that this is taking place in Florida that is REALLY big on parental rights and not so much on grandparents rights, he would have his daughter in his custody.

The fact he refused makes him look guilty and now it will be like pulling teeth to change what has happened.
 

Gracie3787

Senior Member
linsue said:
What is the name of your state? FL
My son had weekend visitation with his daughter as ordered by the court.
On Saturday night he took her to the local skating rink and while they were there an investigator from Child Protective Services and two deputies showed up and told him they were there to take the child and turn her over to the maternal grandparents because the child's mother had just had a baby by another man and both the baby and the mother tested positive for cocaine and other drugs. (The material grandparents were on the spot to receive the child - prearranged maybe????)

My son was told to take a drug test right there at the rink since they had been told he was using drugs too. He refused, stating he needed some information and wanted to consult with an attorney to ascertain the best course of action. The CPS rep gave him her card and wrote on the back for him to be present at the judge's office at 9 a.m. on Sunday. We arrived at 8:35 a.m. and when no one else showed up, he called the CPS rep on her cell phone and she told him to go to the other side of the courthouse. We arrived there at 8:55 and were met by the CPS rep and a deputy who told us the hearing was over and there was nothing that could be done about it. There would probably he another hearing in about 2 weeks. He was told again to submit to a drug test right there and he said that in light of what just happened, he really did want to consult an attorney. I need to add that my son has never been in any trouble for drugs.

After thinking it over, 3 or 4 hours later, he called the CPS rep and said he would go immediately and take the test if he meant he could see his daughter. She told him it did not matter if he took the test and passed or did not take the test at all because he had already refused to take it.

The mother had been ordered twice in the last few months to take the test and refused - yet they did nothing to remove the child from her until she delivered a baby that tested positive.

Now he cannot see or talk to his child because the maternal grandparents have to be present and they have, so far, not allowed any contact.

Any suggestions as to the best course of action here. He has to apply for a court appointed attorney as he does not have the funds to hire one and he doesn't know how long it will take to be appointed an attorney or what the general timeline is for his to be able to see or talk with his child.

Any help would be appreciated.
He should call Legal Aid, they won't be able to do much, but they may be able to give him some advice.

Unfortunately he refused to take the drug test at the skating rink, if he had and passed, it's possible (or more likely) that he would have temp. custody of his daughter now. ( I don't remember the whole situation, but I do remember you posting before). The way DCF and the court is looking at it is that if your son really isn't on drugs they ASSUME that he would have been willing to be tested without any problem. So now he'll have to overcome that assumption. All any of your family can do right now is wait until he gets an attorney. Sorry.
Gracie
 

tigger22472

Senior Member
Gracie3787 said:
LdiJ and tigger,
Sorry, I'm a slow typist and didn't realize that you were posting.
Gracie :eek:
That's fine Gracie because I just looked over some old posts by the OP and she may need to be told a few times the same thing :)
 

LdiJ

Senior Member
Gracie3787 said:
LdiJ and tigger,
Sorry, I'm a slow typist and didn't realize that you were posting.
Gracie :eek:
I think that all of us were more or less posting at the same time...LOL
 

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