Do I have a chance?

[Talisman1024]

6 years ago my ex husband/father of my son was awarded primary residency in our divorce due to him being more financially stable. We have joint legal custody. He is a heroin addict/alcoholic who has now relapsed. DCF is involved. After our divorce I decided to move 1200 miles away to my parents house. I see my son once a year and talk to him once a week. Paternal grandmother in his state was granted emergency temporary custody. My son is 13. I asked him if he wants to move in with me in my state and he said yes. Court date is set for November. I now have my own house, job and no criminal or drug history. Almost all my son's family lives in same state as him. He is diabetic and I'm not as educated as much as grandma is on it. I have signed up for the classes in my state. In 2013 he got a DUI and I filed an ex parte to move son with me out of state and it was denied. In 2015 he violated his probation and was sentenced to 30 days in jail. I again filed and it was denied. Grandma has a very close bound with our son. Do you think Grandma will continue to remain with temp custody until dad is clean or do you think the court will give primary residency to me in a different state if I ask?

 

[LdiJ]

6 years ago my ex husband/father of my son was awarded primary residency in our divorce due to him being more financially stable. We have joint legal custody. He is a heroin addict/alcoholic who has now relapsed. DCF is involved. After our divorce I decided to move 1200 miles away to my parents house. I see my son once a year and talk to him once a week. Paternal grandmother in his state was granted emergency temporary custody. My son is 13. I asked him if he wants to move in with me in my state and he said yes. Court date is set for November. I now have my own house, job and no criminal or drug history. Almost all my son's family lives in same state as him. He is diabetic and I'm not as educated as much as grandma is on it. I have signed up for the classes in my state. In 2013 he got a DUI and I filed an ex parte to move son with me out of state and it was denied. In 2015 he violated his probation and was sentenced to 30 days in jail. I again filed and it was denied. Grandma has a very close bound with our son. Do you think Grandma will continue to remain with temp custody until dad is clean or do you think the court will give primary residency to me in a different state if I ask?

This could be a tough one since you have only been seeing your child once a year. How long is your once a year visit?

 

[Talisman1024]

3 weeks

 

[LdiJ]

Since its a DCF case they are mandated to try to reunite the child with the parent that they took the child from. Therefore, it can be difficult to get placement out of state, and even more so when the distance is 1200 miles. If you jump through all of their hoops, there is a chance that in about 6 months or so, you could get placement.

However, since your child is 13 the judge is going to take into consideration his school, his friends, the fact that most of his family is in the current state, the fact that you only see him 3 weeks a year, and the fact that grandma is well up to managing his illness.

You might however, consider hiring a lawyer and filing for custody straight off the bat if you are sure that your son really wants to live with you. If you were to win custody, that would eliminate DCF's mandate to try to reunite him with his father.

 

[not2cleverRed]

You need to hire a lawyer who is licensed to practice law in the state your son is in.

By the way, what state is that?

 

[hire21618]

We are in currently in a similar situation where DCS took my husband's child from her mother and he is trying to get placement. Our lawyer advised us that he can file for custody and be awarded it, but until the DCS case is closed then DCS orders trump any other custody orders. So basically getting custody or visitation now only ensures that the mother can't keep the child from him once DCS is out of the picture.

I second to hire a lawyer any way that you can.

 

[LdiJ]

We are in currently in a similar situation where DCS took my husband's child from her mother and he is trying to get placement. Our lawyer advised us that he can file for custody and be awarded it, but until the DCS case is closed then DCS orders trump any other custody orders. So basically getting custody or visitation now only ensures that the mother can't keep the child from him once DCS is out of the picture.

I second to hire a lawyer any way that you can.

You might want to consider a consult with another attorney. DCS does not make orders, only judges do, and every case I have seen where a fit parent has filed for custody and won, the judge overseeing the DCS case has dismissed/closed the DCS case.

 

[hire21618]

You might want to consider a consult with another attorney. DCS does not make orders, only judges do, and every case I have seen where a fit parent has filed for custody and won, the judge overseeing the DCS case has dismissed/closed the DCS case.

I gave an incredibly brief description of our situation. Our lawyer is aware of all details and works specifically on CHINS cases so I trust her knowledge and advice.

 

[LdiJ]

I gave an incredibly brief description of our situation. Our lawyer is aware of all details and works specifically on CHINS cases so I trust her knowledge and advice.

In that case, why are you here?

 

[quincy]

In that case, why are you here?

Hire21618 is not the poster who started this thread. Talisman1024 did not mention having a lawyer.

 

[LdiJ]

Hire21618 is not the poster who started this thread. Talisman1024 did not mention having a lawyer.

Oh heck, I missed that.

 

[Just Blue]

Oh heck, I missed that.

 

[hire21618]

In that case, why are you here?

I simply offered advice to the poster. In my own searches online there really isn’t much support or information for people dealing with CPS - helpful information anyone.

Sorry if that’s a problem...

 

[stealth2]

I simply offered advice to the poster. In my own searches online there really isn’t much support or information for people dealing with CPS - helpful information anyone.

Sorry if that’s a problem...

Yes, you offered the advice. LDi mistakenly thought you were OP. Where you ran afoul was continuing with commentary regarding your situation. Now you know.

 

[stealth2]

We've all done it - even you, Blue.