Fiance's 5yr old severely neglected by Bio-Mom

[ChateauDreamer]

What is the name of your state? Missouri

My fiance' has a son who lives with the bio-mom. They are divorced;
the Parent Plan and Separation Agreement state that bio-mom has
legal and physical custody (not sole).

DFS has taken child away temporarily due to excessively filthy home
environment, and was returned to her upon reinspection 3 days later when
the home was found clean. (my fiance' helped her clean it)

Now 4 months later, the boy has intestinal worms and the house is
again not proper for him (let alone anyone) to be living in. This is not a
case of single-busy-mom-behind-on-housework. It's downright squalor.

If her house were to be droppen in on unannounced right now, I'm sure
he would be taken from her again.

My questions are: Would he be taken into state custody or could my
fiance go to get him asap? Who makes the decision of her being unfit?
Will he have to go back to court with all the fees again to get sole
physical custody (which is what he wants and me too)?

We need to know what to expect before tipping off family services. What
are we in for battle-wise so we can try to prepare?

 

[Hopkins306]

Missouri Child Abuse & Neglect Hotline 1-800-392-3738
They would take the child into custody like last time. This time tho i suggest that your fiance' not help with the cleaning because I have the feeling that it will lead straight back to where this same situation happens agian. If FDS goes back and she has not improved the house they will have her parental rights cut and your fiance' can claim full custody.

 

[LdiJ]

Missouri Child Abuse & Neglect Hotline 1-800-392-3738
They would take the child into custody like last time. This time tho i suggest that your fiance' not help with the cleaning because I have the feeling that it will lead straight back to where this same situation happens agian. If FDS goes back and she has not improved the house they will have her parental rights cut and your fiance' can claim full custody.

However it is possible that the child will have to spend a few months in foster care first. DFS may feel it necessary to do a home study on your fiance first.
If that happens I would recommend getting an attorney very quickly.

 

[ChateauDreamer]

If an attourney is needed - how do I find a pro-bono?

State of Missouri
Hi -

Thanks so much for your advice; if his son if taken to a foster home,
will my fiance' have access to visit him?
And also, money is tight (who's isn't) that we would need to look into
finding somebody who would work on some kind of sliding scale. Or would
an attourney bill him?

 

[LdiJ]

State of Missouri
Hi -

Thanks so much for your advice; if his son if taken to a foster home,
will my fiance' have access to visit him?
And also, money is tight (who's isn't) that we would need to look into
finding somebody who would work on some kind of sliding scale. Or would
an attourney bill him?

Your fiance may or may not get access to visit him. Its hard to tell with CPS.

Most attorneys would require an upfront retainer...however you can shop around to see if you can find one that would work with your fiance.