Is a warrant reason for removal

[turkeydinner]

What is the name of your state? Oklahoma

Ok I had court to enforce my visitation...GRANTED..but mom drops a bomb and says they were moving in less than a week...judge says kids go to my house THAT DAY and stay till 3 days before schhol starts..well kids come..my 13 year old starts telling me ALL KINDS OF STUFF.....lots of domestic violence at moms house...we file for ex-parte order..granted... she was told to stay in the state..we had our 10 day hearing Thursday ..my ex said they ARE NOT moving.. so our next step is to try to get them out of her home...
The problem seems to be drinking..all three kids said that...my daughter is the only one who would say the boyfriend (livein) put a gun to moms head..and she has threatened to kill herself before...child welfare went out and did what they always do nothing.....she told me that they admit to a drinking problem but are cutting back..and boom case closed.....I am very disappointed in our system...you have three kids telling you whats going on and then you believe the that they are going to "cut back" I'm amazed!!


Anyways my wife was doing an internet search trying to find something to help us..and we found that the BF has a warrant in another state for a violation of probation for a DUI...and a previous charge although NOT CONVICTED (it said lack of eveidence) 4 counts of possision of a controlled and dangerous substances across state line with the intent to sell or distribute..and one count of poss. of a firearm in a public place with a prior...although all charges were dropped can we not use this to help get my kids....it shows what kinda life this man lives.....

Isn't the warrant alone reason to say that the kids should be removed..he obvioulsy has a drinking problem and my ex would have to know he has a warrant...so she knows he's a "fugitive"...does it show a pattern of their lifestyle??? Can this help me get custody ??

FYI::: daughter wants to come live here....she has told the parenting coordinator this...

 

[LdiJ]

What is the name of your state? Oklahoma

Ok I had court to enforce my visitation...GRANTED..but mom drops a bomb and says they were moving in less than a week...judge says kids go to my house THAT DAY and stay till 3 days before schhol starts..well kids come..my 13 year old starts telling me ALL KINDS OF STUFF.....lots of domestic violence at moms house...we file for ex-parte order..granted... she was told to stay in the state..we had our 10 day hearing Thursday ..my ex said they ARE NOT moving.. so our next step is to try to get them out of her home...
The problem seems to be drinking..all three kids said that...my daughter is the only one who would say the boyfriend (livein) put a gun to moms head..and she has threatened to kill herself before...child welfare went out and did what they always do nothing.....she told me that they admit to a drinking problem but are cutting back..and boom case closed.....I am very disappointed in our system...you have three kids telling you whats going on and then you believe the that they are going to "cut back" I'm amazed!!


Anyways my wife was doing an internet search trying to find something to help us..and we found that the BF has a warrant in another state for a violation of probation for a DUI...and a previous charge although NOT CONVICTED (it said lack of eveidence) 4 counts of possision of a controlled and dangerous substances across state line with the intent to sell or distribute..and one count of poss. of a firearm in a public place with a prior...although all charges were dropped can we not use this to help get my kids....it shows what kinda life this man lives.....

Isn't the warrant alone reason to say that the kids should be removed..he obvioulsy has a drinking problem and my ex would have to know he has a warrant...so she knows he's a "fugitive"...does it show a pattern of their lifestyle??? Can this help me get custody ??

FYI::: daughter wants to come live here....she has told the parenting coordinator this...

Have you heard of "innocent until proven guilty"...although he was charged the case was dismissed for lack of evidence. That could happen to anyone....even the most law abiding citizen. I am not saying that he is one...but that you really can't use that.

You certainly can use the fact that he has an outstanding warrant in another state. However the fact that CPS doesn't feel that any action needs to be taken isn't going to help you....that means that they either didn't find your 13 year old to be credible...or that they didn't feel the situation was serious enough that the family was in need of services or that the kids needed to be yanked from the home.

That doesn't mean that the judge won't take things seriously or find your 13 year old to be credible....or won't take your 13 year old's wish to live with you into consideration....but it does mean that you will have to put your children in a tough position....because you simply have no outside evidence (other than stepdad's warrant)...to indicate problems in the home. That is hard for children.

Let me make a suggestion....at least go down to the police station that handles mom's area and see if there are any police reports for her address....that might give you some outside evidence and mitigate how much you have to rely on the kid's words.

 

[turkeydinner]

Have you heard of "innocent until proven guilty"...although he was charged the case was dismissed for lack of evidence. That could happen to anyone....even the most law abiding citizen. I am not saying that he is one...but that you really can't use that.

You certainly can use the fact that he has an outstanding warrant in another state. However the fact that CPS doesn't feel that any action needs to be taken isn't going to help you....that means that they either didn't find your 13 year old to be credible...or that they didn't feel the situation was serious enough that the family was in need of services or that the kids needed to be yanked from the home.

That doesn't mean that the judge won't take things seriously or find your 13 year old to be credible....or won't take your 13 year old's wish to live with you into consideration....but it does mean that you will have to put your children in a tough position....because you simply have no outside evidence (other than stepdad's warrant)...to indicate problems in the home. That is hard for children.

Let me make a suggestion....at least go down to the police station that handles mom's area and see if there are any police reports for her address....that might give you some outside evidence and mitigate how much you have to rely on the kid's words.

Yes I have heard of innocent until proven guilty..but knowing what I know I know the SOB's guilty...lol..doesn't go far in court ..I know..

As for the rest...it's not just the 13 y.o. word they ALL THREE have said there's abuse and the cops have been called but mom tells them when they get there "everythings ok"..and all three said that too...the two boys don't wanna be removed...and have stated that..I think they wanna be there for their mom..but they have also stated that there is abuse..and I can even tell you my oldest feels the need to hide the car keys so his mom won't drive when she's drinking and he has taken the alcohol and hidden it from them so they would stop drinking.... he also told the CPS and the parenting coordinator that bf has given mom two black eyes.."but they don't hurt" my boys are becoming immune to this violence and regardless of wht DHS is will to do family court has a larger armand can remove them for these things....
My attorney has already requested the police logs..but we are a small town and it's all hand logged...they just recently have gone to computers......and my attorney has said she's still waiting on a report from a murder three years ago... so I'm not holding my breath for that one...

As for the warrant...it supports the original argument that they have a drinking problem....and he has no respect for the law...

The judge was willing to keep them from moving out of state which at the first hearing he said they had a "right" to do...so he already thinks the kids word is worth something...and if it comes down to putting my kids in the middle to get them out of this home..that I will do....they are NOT SAFE!! And if they stay my boys have a larger chance of growing up this way and we'll be in court because he's beat his wife; I beleive I had a shot before and was just wondering what everyone else felt the chances were..my attorney belives this to be a great help....