My ex-husband died, now CPS tried to remove my children!

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GuyFawkes
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Joined: Wed Sep 14, 2011 11:49 am

My ex-husband died, now CPS tried to remove my children!

Postby GuyFawkes » Mon Sep 26, 2011 10:57 pm

Hi everyone,

It sounds absurd, but it is TRUE. My ex-husband passed away in an accident in early September. He was the custodial parent and I have unsupervised visits to my three young children (8,7 and 4). I did not do anything wrong. Now, CPS filed detention petition and tried to remove my children. I was shocked and need your help. By the way, my case is in Northern California.

Some background information: I am a well-educated single mother of 7 children, with a master degree from UC Berkeley. I married and divorced twice. My second-ex husband never worked one day in his life (now he passed away). After he filed divorce and left me, I became a single mother, working and shouldering all family responsibilities. My ex-husband, for being greedy and lazy, wanting to collect alimony and child support from me. So, two years ago, he reported me to CPS for leaving children in the car. I did leave children in the car, but with the supervision of a 12-years-old, so I did not violate the law. However, CPS removed all my children and subsequently placed them with their respective fathers. I followed the case plan (since my CPS-appointed lawyer cheated me to sign the "Waiver of Rights") and my case was dismissed in July 2010. I finished 26 parenting classes and had excellent visit reports.

However, this February, 2011, my 2nd ex-husband assaulted the my 14-years-old daughter from the 1st marriage, and my three younger children with my 2nd Ex were removed again. Subsequently, CPS fabricated a story that my 2nd ex-husband was "set up" and then gave my three younger children back to him again. Case dismissed in August 2011 with custody given to him again and I have unsupervised visits.

When my 2nd-ex dies in early September, there was no CPS case pending. By CA family law, I should get the custody of my three younger children when the custodial parent dies. However, CPS hated me so much and they falsely alleged me by saying 1)my 2nd ex-husband home is so filthy (nothing to do with me, not my home); and 2)I "do not" have unsupervised visit (wrong, the order says I have). CPS filed detention petition right after I got a valid family court custody order to retrieve my children (having separated from me from more than two years and I miss them EVERYDAY). Moreover, CPS also wrongful got a search and detention warrant to remove my children.

Sigh! I once left children in the car with a 12-years-old babysitter and I improved and never left them alone again. Now, my 2nd ex died. I did not do anything wrong and CPS goes after me to break my family again! They of course twisted a lot of things about me and fabricated many "urban legends" to accuse me as well. I can not believe that their reports are filled with lies and lies. No good faith from CPS as all.

I want to protect my children, now that I finally got all my children together. They are so happy and I feel so exhausted and heart broken fighting with the liars in CPS and their court system. I face the search and detention warrant (detain my children, not me). CPS's allegation and procedures are both wrong. They did not even bother to notify me or my lawyer. What can I do?

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Eljay
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Joined: Thu Jan 20, 2011 10:01 am

Re: My ex-husband died, now CPS tried to remove my children!

Postby Eljay » Tue Sep 27, 2011 8:12 am

It's difficult to know where to go with all of these ambiguities. What are these "urban legends"? ... that's a very odd reference. What did they state in their detention warrant? How in the world did your 2nd ex-husband have access to your child from your first marriage???? Did your ex-husbands buddy up or something? If I had a 14 year old daughter, I cannot fathom allowing her with a man who is not even family, even if he was her step-father at one point.

Why would you have "visitation" if your case was dismissed???? At that point, they should have been out of your business altogether. Are you talking family court "visitation" versus "shared custody"? Why would you only have visitation, not shared custody? You need to explain that here. As for CPS, what brought them back? Would an emergency hearing w/family court help? For Pete's sake.... their father just died and they want to take them away from their mother????
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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LindaJM
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Location: Northern California
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Re: My ex-husband died, now CPS tried to remove my children!

Postby LindaJM » Tue Oct 04, 2011 7:15 pm

How are things going? Do you still have your children?

Have you and your lawyer submitted a declaration or other paperwork to the court? I hope you have a good lawyer who will protect your family. Poor kids have gone through so much already.

Hard to believe that leaving children in the car with a 12 year old sibling could be judged so harshly these days. The world has changed a lot since I was a kid.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

CPSptsd
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Joined: Wed May 18, 2011 7:31 pm

Re: My ex-husband died, now CPS tried to remove my children!

Postby CPSptsd » Wed Oct 05, 2011 9:40 am

LindaJM wrote:How are things going? Do you still have your children?

Have you and your lawyer submitted a declaration or other paperwork to the court? I hope you have a good lawyer who will protect your family. Poor kids have gone through so much already.

Hard to believe that leaving children in the car with a 12 year old sibling could be judged so harshly these days. The world has changed a lot since I was a kid.


Yes! I grew up in a small town, but when I was bratty in the store I got sent out to the car to sit there while my Mom finished shopping, and I was only 7 or 8 and alone in the car. Things sure have changed. I have left my 13 (now 14) year old and the 8 year old in the car briefly.... scary to think that could be used against me and considered abusive/neglectful!
"You know, the very powerful and the very stupid have one thing in common. They don't alter their views to fit the facts. They alter the facts to fit their views. Which can be uncomfortable if you happen to be one of the facts that need altering." -- The Doctor

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Frustrated
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Re: My ex-husband died, now CPS tried to remove my children!

Postby Frustrated » Sat Oct 15, 2011 5:55 am

If you did not do anything and the kids were not abused by you, and nothings' wrong, and your ex passed away, things happens. If you did not do nothing wrong to your kids, I think it's time to get out of the State of California and move away. Make sure their "active" case is coming to a closing. and that they did not get a real detention warrant. make sure the detention warrant is legit, signed by a real Judge. Look at the dates, and the Judge's signature, make sure it's real. Most of the time they were bluffing and never come back with an actual warrant. they need to prove to the Judge that you were a "danger" to the children. If you can, get out of the State.

Do you have any grandparents on the side? maybe they can apply for Guardianship. so the CPS cannot put them in Foster care, they would have to go to your parents. Another way is to file Court case with the Family Courts to request Custody of your own Children back. Once you do file with the Family Courts, it would be too late for CPS. but if they filed first. then it's much harder to get custody of your kids. Just request Custody of your children with the Family Courts. you need to step in and secure custody of your own children since your ex has passed away. Is there any Wills that they left behind? did they state who they send the children in their care to???? if anything???? sometimes the Judge will respect their Will's wishes.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22


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