CPS took husband's child from mother.... advice?

[hire21618]

Are you criticizing appointed counsel? Answer that before I say ANOTHER word.

No. Absolutely not. I apologize if my comments came across that way. I simply meant that, never having been in this situation before, I'm not sure how involved a public defender gets in these situations.

 

[Ohiogal]

No. Absolutely not. I apologize if my comments came across that way. I simply meant that, never having been in this situation before, I'm not sure how involved a public defender gets in these situations.

I am court appointed counsel. I don't deal well with people who believe court appointed counsel are not real attorneys or good attorneys considering I am KNOWN in our county and appellate district as a very good attorney -- probably in the top 5 if not higher. So that is the reason for my question.

Your husband should continue on his path and continue along and ask his attorney to file for custody.

 

[hire21618]

I apologize again as I meant no disrespect. I think I personally have this feeling of "We're not paying him, can we even ask him this?" More from a place of guilt that we can't pay. I also don't have a lot of personal experience with any court system, so I wasn't sure if truly the PD comes to court and that's it, or if you can meet outside of court as well.

I truly appreciate all your input. At what point do you think it's best that my husband file for custody? Anytime? Should he wait until he's had more visitation and established a relationship? If we do get custody or placement at least during this process, and her mom follows through with everything she's required to, is she likely to get primary custody back?

EDIT: removed original quote as I mistakenly replied to a different posted when I meant to reply to OG

 

[Zigner]

If we do get custody or placement at least during this process, and her mom follows through with everything she's required to, is she likely to get primary custody back?

I'm sure you mean "If he gets custody or placement...", right? You really need to be careful with that.

 

[hire21618]

I'm sure you mean "If he gets custody or placement...", right? You really need to be careful with that.

Yes, thank you. I tried to catch every time I put we and change it. Must've missed one.

 

[stealth2]

Indiana is 7 for compulsory education.

 

[stealth2]

I am court appointed counsel. I don't deal well with people who believe court appointed counsel are not real attorneys or good attorneys

I didn't get the impression that is how OP believes - she's just trying to figure things out, I think...

 

[not2cleverRed]

I apologize again as I meant no disrespect. I think I personally have this feeling of "We're not paying him, can we even ask him this?" More from a place of guilt that we can't pay. I also don't have a lot of personal experience with any court system, so I wasn't sure if truly the PD comes to court and that's it, or if you can meet outside of court as well.

I truly appreciate all your input. At what point do you think it's best that my husband file for custody? Anytime? Should he wait until he's had more visitation and established a relationship? If we do get custody or placement at least during this process, and her mom follows through with everything she's required to, is she likely to get primary custody back?

EDIT: removed original quote as I mistakenly replied to a different posted when I meant to reply to OG

I think your husband should focus on just getting to know his daughter first, so that she can understand that he's Dad.

Your husband's goal should be to become active in his daughter's life, whatever happens with Mom. He should exercise every minute of visitation he can, and jump through whatever hoops CPS throws his way. Until he's at the point where a therapist clears him for overnights with the child, I think filing for custody is jumping the gun.

And if miracle of miracles, Mom cleans up and gets her act together to CPS's satisfaction before that happens, and regains custody, Dad should file for visitation.

 

[stealth2]

Dad shuld file for visitation.

That wuld be gud.

 

[hire21618]

Indiana is 7 for compulsory education.

Yes, OG pointed this out as a possibility and I confirmed. I truly had no idea, so that isn’t a point of concern as much anymore.

 

[hire21618]

I think your husband should focus on just getting to know his daughter first, so that she can understand that he's Dad.

Your husband's goal should be to become active in his daughter's life, whatever happens with Mom. He should exercise every minute of visitation he can, and jump through whatever hoops CPS throws his way. Until he's at the point where a therapist clears him for overnights with the child, I think filing for custody is jumping the gun.

And if miracle of miracles, Mom cleans up and gets her act together to CPS's satisfaction before that happens, and regains custody, Dad should file for visitation.

Thank you for the input. Your opinion is very helpful.

 

[Ohiogal]

A PD is there to fully represent a client. I meet with my clients, take their calls and emails, and answer as much as I can and then bill the court for my services. I have filed objections and motions and appeals on behalf of my clients.

You have been given very good advice for your husband -- he needs to get to know his child and then file for custody/visitation/support and go from there. Is there a guardian ad litem on the case?

 

[hire21618]

A PD is there to fully represent a client. I meet with my clients, take their calls and emails, and answer as much as I can and then bill the court for my services. I have filed objections and motions and appeals on behalf of my clients.

You have been given very good advice for your husband -- he needs to get to know his child and then file for custody/visitation/support and go from there. Is there a guardian ad litem on the case?

Yes, there is. My husband will be calling his PD Monday to try to set up an appointment.

Do you still think that he should bring up the stepdad visitation and try to get that discontinued?

 

[LdiJ]

Yes, there is. My husband will be calling his PD Monday to try to set up an appointment.

Do you still think that he should bring up the stepdad visitation and try to get that discontinued?

I think that someone who was very familiar with the entire dynamics of the family situation would be better placed to answer that question.

Your husband's daughter might be very attached to her stepdad even if he has some issues. I do not think that CPS/DCS would be allowing him visitation if there was not an attachment.

 

[Ohiogal]

I think that someone who was very familiar with the entire dynamics of the family situation would be better placed to answer that question.

Your husband's daughter might be very attached to her stepdad even if he has some issues. I do not think that CPS/DCS would be allowing him visitation if there was not an attachment.

He is not a party and therefore should not be getting visitation.