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

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hire21618

Active Member
What is the name of your state? Indiana

Backstory: My husband and his ex (child's mother) dated briefly and broke up during her pregnancy. She was involved with child's stepdad for a while before he went to prison. While in prison, husband and her got back together for under 1 year. This is the only time he was involved in child's life. She was 2-3 at the time. He has reached out multiple times to establish a relationship and she has kept him from seeing his daughter, even at one point telling him she had a DNA test with another man and the other man was the father. I encouraged my husband to establish paternity through the court system, but he did not.

Present issue: Mother was involved in a domestic violence case with her father (paternal grandfather). The children, including my husband's daughter, were present for the incident. Because of this, DCS became involved. Mother came up with a safety plan for herself and her children, but did not follow through. She denied any drug use but failed for THC, amphetamines, and methamphetamine on 2 occasions. She had a domestic incident with her husband (stepdad) that he went to jail for. She moved multiple known drug users into her house with the children, as well as leaving her children with known drug users to babysit them. Daughter also missed multiple days of school in a row. All the happened over the course of about a month, and DCS removed the children. They were placed with stepdad's aunt.

As soon as husband heard of the children being removed, he called DCS and we've been avidly involved since then. Husband missed the first court date after we became aware of situation because it was 30 minutes from time of phone call and we live 45 minutes away. Husband attended the second court date where DNA test was taken and we were given the details of the DCS investigation and why daughter was removed. DNA came back that my husband is her father, so visitation was established. He was told he will have therapeutic visits 2 hours a week for 12 hours (so 6 weeks), then 4-6 hour visits once a week for 36 hours (so 6-9 weeks), and then they will do overnight visits.

Daughter is now 8. More has come to light since paternity was established. Daughter just finished kindergarten and is going into 1st grade; she should be in 3rd grade right now, but her mother waited 2 years to enroll her in schooling. Daughter is being evaluated for developmental delays. Mom is currently in rehab in a different town, unknown if she has visitation at this point. Daughter does have visitation with stepdad.

Our next court date is October 15th for review. Husband was provided with a checklist of things mother must do to get children back, among them staying clean, getting a job, and a house. Mother is 28 and has never held a job or paid housing expenses on her own. She has always relied on someone else. He has been told by multiple case workers that they are very impressed with him, and have discussed placement of his daughter with us once relationship is established.

My husband would like to gain full custody of his daughter. We have a house, 2 steady incomes, 4 children (2 from my previous relationship and 2 together) and are more than able to provide everything needed. What are the odds that we will be granted full custody? Any experience with this? Any idea of how long DCS may be involved in a situation like this?
 


hire21618

Active Member
Just Blue - I got an email notification of your reply, but it's not showing up here. Let me just say, while I will make no excuses for my husband, he was himself in no place to care for his daughter until I came into the picture. Like I said, I did my best to encourage him to do the right thing, but since I am an outside party to the matter, it was out of my control.

I can say that he is an amazing father to our children, but no, he is not perfect and was not perfect. Nobody is.
 

Just Blue

Senior Member
Just Blue - I got an email notification of your reply, but it's not showing up here. Let me just say, while I will make no excuses for my husband, he was himself in no place to care for his daughter until I came into the picture. Like I said, I did my best to encourage him to do the right thing, but since I am an outside party to the matter, it was out of my control.

I can say that he is an amazing father to our children, but no, he is not perfect and was not perfect. Nobody is.
Yeah...I thought better of my post as it doesn't help this childs situation to piss and moan about what he should have done when she was born. I will say that this little girl is going to need some heavy duty therapy too help her come to terms with the failure of her parents. I hope your husband will join her...perhaps the relationship can be saved and his child can learn to trust him.
 

hire21618

Active Member
Yeah...I thought better of my post as it doesn't help this childs situation to piss and moan about what he should have done when she was born. I will say that this little girl is going to need some heavy duty therapy too help her come to terms with the failure of her parents. I hope your husband will join her...perhaps the relationship can be saved and his child can learn to trust him.
I appreciate your insight. We are aware that she's most likely had a difficult life and will need help. We're willing and able to do what's needed. I myself wish he had done more, so I understand the frustration. I was just trying to find some guidance for this whole process.
 

Just Blue

Senior Member
I appreciate your insight. We are aware that she's most likely had a difficult life and will need help. We're willing and able to do what's needed. I myself wish he had done more, so I understand the frustration. I was just trying to find some guidance for this whole process.
Your husband should at least consult with an attorney that deals with CPS cases. You state bar can refer him to one. IMHO no one should ever deal with CPS without an attorney. Everything is happening in Indiana ...correct? That where all involved live?

ETA:
https://www.inbar.org/?
 

hire21618

Active Member
Your husband should at least consult with an attorney that deals with CPS cases. You state bar can refer him to one. IMHO no one should ever deal with CPS without an attorney. Everything is happening in Indiana ...correct? That where all involved live?

ETA:
https://www.inbar.org/?
Yes, we live in different but neighboring counties. It seems like the DCS in both counties work closely together though.
 

Zigner

Senior Member, Non-Attorney
I am confused - who is the child's legal father, and why isn't he on here posting his own questions?
 

hire21618

Active Member
I am confused - who is the child's legal father, and why isn't he on here posting his own questions?
Legal father is my husband. He is not posting because I was looking into things myself and found the site, not him. He still asks me to make his doctor's appointments for him, so since I usually do that type of thing I thought I would ask for guidance. I did read the 'New Posters Read Here' pinned post and it said to be honest about who I am in regards to the situation, so I've done that.
 

Just Blue

Senior Member
Legal father is my husband. He is not posting because I was looking into things myself and found the site, not him. He still asks me to make his doctor's appointments for him, so since I usually do that type of thing I thought I would ask for guidance. I did read the 'New Posters Read Here' pinned post and it said to be honest about who I am in regards to the situation, so I've done that.
I usually don't assist 3rd parties but you were very courteous and didn't over-step. IMO.
 

Ohiogal

Queen Bee
Just Blue - I got an email notification of your reply, but it's not showing up here. Let me just say, while I will make no excuses for my husband, he was himself in no place to care for his daughter until I came into the picture. Like I said, I did my best to encourage him to do the right thing, but since I am an outside party to the matter, it was out of my control.

I can say that he is an amazing father to our children, but no, he is not perfect and was not perfect. Nobody is.
You responded graciously and I am an attorney in Ohio who represents both parents and children in CSB cases.You won't get custody but dad should be able to do so. Stepdad should not be having visits as he has no standing in this case and if dad has counsel he should argue against stepdad having court ordered visits.
I haven't researched yet but I know in Ohio mandatory school doesn't start until age 7. That could be the case in the Indiana. If you have questions ask, I will answer. Be wary of some people who post here who don't know the law but act as though they do. so far the people who have posted research and admit when they are wrong even if they are not attorneys.
 

hire21618

Active Member
I usually don't assist 3rd parties but you were very courteous and didn't over-step. IMO.
I appreciate that. I truly want what's best for his daughter. If that means mom gets clean and gets them back, great. If husband ends up with custody, great. It's not about the adults, but the children. I have no hard feelings against my stepdaughter's mother.

You responded graciously and I am an attorney in Ohio who represents both parents and children in CSB cases.You won't get custody but dad should be able to do so. Stepdad should not be having visits as he has no standing in this case and if dad has counsel he should argue against stepdad having court ordered visits.
I haven't researched yet but I know in Ohio mandatory school doesn't start until age 7. That could be the case in the Indiana. If you have questions ask, I will answer. Be wary of some people who post here who don't know the law but act as though they do. so far the people who have posted research and admit when they are wrong even if they are not attorneys.
Husband has a court appointed public defender. While we financially make ends meet, we don't have a lot of extra money to go towards a lawyer. I'm not sure how much 'above and beyond' the PD is willing to go, which was another thing that prompted me to ask my question. Stepdad is supposed to have visitation as noted before, supervised through DCS or an affiliate. Daughter is placed with stepdad's aunt, and we are suspicious that he is also living in the house with the children. He was in the car with daughter/placement at the initial visitation. Husband reported that to his case worker who did a surprise home visit and said this is a violation. So hopefully that will improve.

In your experience, even without him being involved, how likely is it he could get custody? Whether it be sole or primary custody? And if it's likely, how long does DCS require supervised visits before placing her in our house would be an option?

And thank you for the information about school age. I didn't realize that was even a thing and so that makes me feel better about that point.

I truly just want to provide myself and husband especially realistic expectations about the process and possible outcome.
 
Last edited:

Zigner

Senior Member, Non-Attorney
I'm still a little confused based on your last post and your statement that stepdad has visitation. Were mom and stepdad married at the time the child was born?
 

hire21618

Active Member
I'm still a little confused based on your last post and your statement that stepdad has visitation. Were mom and stepdad married at the time the child was born?
Child was born March 2011. Her mother and stepdad were married 7-4-2011.

ETA: Child believed stepdad WAS her dad until this situation. DCS had to explain to her that my husband is her dad.
 

Ohiogal

Queen Bee
I appreciate that. I truly want what's best for his daughter. If that


Husband has a court appointed public defender. While we financially make ends meet, we don't have a lot of extra money to go towards a lawyer. I'm not sure how much 'above and beyond' the PD is willing to go, which was another thing that prompted me to ask my question. Stepdad is supposed to have visitation as noted before, supervised through DCS or an affiliate. Daughter is placed with stepdad's aunt, and we are suspicious that he is also living in the house with the children. He was in the car with daughter/placement at the initial visitation. Husband reported that to his case worker who did a surprise home visit and said this is a violation. So hopefully that will improve.

In your experience, even without him being involved, how likely is it he could get custody? Whether it be sole or primary custody? And if it's likely, how long does DCS require supervised visits before placing her in our house would be an option?

And thank you for the information about school age. I didn't realize that was even a thing and so that makes me feel better about that point.

I truly just want to provide myself and husband especially realistic expectations about the process and possible outcome.
Are you criticizing appointed counsel? Answer that before I say ANOTHER word.
 

LdiJ

Senior Member
I'm still a little confused based on your last post and your statement that stepdad has visitation. Were mom and stepdad married at the time the child was born?
In CPS/DCS type situations its not that unusual. Apparently there are siblings that are the children of the stepdad and all of the children visit with him. Its not visitation in the classic court ordered sense.
 

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