What will happen now?

[cmykds]

What is the name of your state? WI

I went through the evaluation process and have posted in the past about my feeling the evaluation was not done properly. I felt there was gender and possible racial bias against me. Many issues that I raised of my ex's instability and possible abuse in the home were not investigated and basically all together ignored.

This past Wednesday my daughter was taken to the hospital with second degree burns, and her step father my ex's husband was arrested for child abuse intentionally causing harm.

Social service has taken their rights away I have my kids now and they put theirs into foster care. No contact order with step father, and my ex can only have contact by going through social services and supervised.

What will happen now, is she going to be able to get them back, she is defending him tooth and nail and claiming it was an accident even had the nerve to say in court to the judge "well it was just her fingers, it's not that serious" even though he waived his rights and admitted what he did to the police. My daughter will be in the burn unit for a week and they are saying she will not be fully healed for probably a year. Will they allow her to get the kids back if she doesn't leave him what is she going to have to do? I'm worried I do not want my children around them ever again, without supervision. My ex is turning this all to be about me, there were threats made against me by his family outside of the court room, saying he'll get his, like I had something to do with this. Saying the kids are being taken away based on lies, etc. I don't know who they think is lying the medical professionals, social services?

I'm extremely worried because of my past expiernce with the system that they are going to be put in harms way again.

What will she be required to do to "prove" herself fit, now? I know there is probably know exact rules or things she will have to do and that it could vary depending of social services, but does anyone have any idea?

 

[BelizeBreeze]

YOU need to either find a way to hire an attorney to terminate or severely limite the ex's rights or at least file a motion with the court to appoint a GAL for the Child and then petition for no visitation until such time as the criminal case is disposed of.

 

[ceara19]

It's very vital to follow BB's advice. Unless you modify the custody order through the court, the ultimate goal of Social Services will be to reunite the family as they were before the incident. The children being placed with you by SS is NOT a permanent solution. If they decide the accusations were unfounded and you have not modified the original order through the court, the children will legally be returned to mom. Get the order modified and SS cannot remove the children from your home to return them to mom once the case is disposed of.

 

[cmykds]

Thank you.

Ok so as of right now, we already had one court hearing that is where they took her rights, and made the limited contact order with my ex. Because of CHIPS there will be another court hearing in 30 days. All of this takes place in the county they live in because that is where the crime was commited. It is my understanding that a GAL will be appointed. I'm not clear of what the court hearing is for in 30 days.

Our court order which was made final in October of this year (2006) took palce in my county which was for joint custody and 50/50 placement every other week. Do I file for modification here in my county? Or theirs? Should I file immeadiately? Or do I wait until social services finishes their investigation of my ex for the hearing in 30 days or do I wait until her husband is found guilty?

 

[BelizeBreeze]

Thank you.

Ok so as of right now, we already had one court hearing that is where they took her rights, and made the limited contact order with my ex. Because of CHIPS there will be another court hearing in 30 days. All of this takes place in the county they live in because that is where the crime was commited. It is my understanding that a GAL will be appointed. I'm not clear of what the court hearing is for in 30 days.

First of all, get your facts straight. They did not take her rights. That would have required a completely separate hearing called a TPR. What they may have done is suspend her visitation or other that we don't know yet.

Our court order which was made final in October of this year (2006) took palce in my county which was for joint custody and 50/50 placement every other week. Do I file for modification here in my county? Or theirs? Should I file immeadiately? Or do I wait until social services finishes their investigation of my ex for the hearing in 30 days or do I wait until her husband is found guilty?

You file in the county where the order was issued.

 

[cmykds]

First of all, get your facts straight. They did not take her rights. That would have required a completely separate hearing called a TPR. What they may have done is suspend her visitation or other that we don't know yet.

You file in the county where the order was issued.

BB,

That is my understanding of what happend. On Wednesday when the incident happend I was given non secure custody, then on Friday there was a hearing and that did have something to do with TPR, the Judge read both her and her husband the reason for losing their rights, then I was told there may be another hearing in 30 days. I'm sorry that's why I'm asking I'm running on very little sleep I am worried about my daughter, and the night this happend he (her husband) had taken off from the hospital with my son, so I was worried he was in danger they couldn't find him until 5 am the next morning, I've talked to dozens of doctors, nurses, social workers from both the hospital and the county, I've had maybe 2 hours of sleep a night since this happend, I can't keep everything straight, that is why I'm so confused right now.

 

[BelizeBreeze]

BB,

That is my understanding of what happend. On Wednesday when the incident happend I was given non secure custody, then on Friday there was a hearing and that did have something to do with TPR, the Judge read both her and her husband the reason for losing their rights, then I was told there may be another hearing in 30 days. I'm sorry that's why I'm asking I'm running on very little sleep I am worried about my daughter, and the night this happend he (her husband) had taken off from the hospital with my son, so I was worried he was in danger they couldn't find him until 5 am the next morning, I've talked to dozens of doctors, nurses, social workers from both the hospital and the county, I've had maybe 2 hours of sleep a night since this happend, I can't keep everything straight, that is why I'm so confused right now.

Then first thing Tuesday morning you go down to the courthouse and you get the case file for that hearing. You need to know what, exactly, the purpose of the hearing was.

 

[cmykds]

Then first thing Tuesday morning you go down to the courthouse and you get the case file for that hearing. You need to know what, exactly, the purpose of the hearing was.

Thank you, I will right away.

 

[ceara19]

Thank you, I will right away.

I have NEVER heard of any parent actually having their PARENTAL RIGHTS terminated that quickly, EVER. It was most likely a hearing to formally remove the children from the home. Had they actually terminated her rights, a limited contact order would not have been issued. Social Services actually physically removed the kids on the day of the incident because if the emergent nature of the situation. However, it was still necessary to go to court and formalize the removal.

 

[Ohiogal]

Sounds like a shelter care hearing where they get formal permission to remove and keep the child on an emergency basis for the child's own safety. The next step would be an adjudication -- whether or not there is enough evidence to prove the allegations. After that would be disposition -- if the allegations are proven where are the children going to remain with reviews to follow every few months until mom and stepdad complete a case plan.
OP sounds like you have emergency placement and if that is the case you do not have custody. Nor have mom's rights been terminated as BB has already told you.

 

[cmykds]

So should I file an for an ex-parte order for custody and a motion to change custody?

 

[LdiJ]

So should I file an for an ex-parte order for custody and a motion to change custody?

You really need an attorney. There is no reason for an ex-parte order at this point because you have placement of the children. What you need to be doing (WITH AN ATTORNEY) is filing a petition for a custody modification. You need an attorney because its going to be tricky. The judge handling the custody modification will have to coordinate things to an extent with the CPS case.

I have a friend who obtained custody of his child in similar circumstances. (in another state). What happened was that he received initial placement via CPS and then filed his own petition for custody. His custody case was temporarily put on hold pending the outcome of the initial phases of the CPS case, and then at a certain point the judge in the CPS case relinquished jurisdiction to the judge in the custody case. It was quite complicated and took quite a bit of fancy dancing around by the attorneys. You don't want to do this on your own if you can avoid it.