Angel In Abandoned in DFCS care by non-custodial father....

[latoyab]

I am a single mom, who was in the US Army for 5 years and have full custody of my two toddlers. My ex-husband and his wife, who resides in Georgia, had my two children for visitation for thanksgiving and christmas 2005. I have been given full custody of both children, he has "reasonable" visitation. He claimed that he wanted to take care of them and put them in school there for this year and I would get them back at school summer break. After he received the children, he called me and told me that he couldn't take care of them anymore ( a matter of days) and said to come get them. Mind you, He has never paid support and always has excuses as to why he can't help me, I was in the US Army for 5.5 years. No help at all. With 5 year old daughter and 4 year old son. H e started making threats after I told them I could not come until I received my paycheck to pay for gas (He wanted me to drive all the way there, which takes about $300 dollars.) His wife said she would make sure he never had to pay me child support and that since my daughter isn't biologically his, they didn't want her, just my son. They then changed their phone numbers and refused my phone calls to let me come get my babies. I got an arrest warrant filed for parental kidnapping and then he placed my daughter in DFCS care. The police, instead of arresting him immediately and giving ,me my children back, they gave him a warning to come to Virginia and turn himself in and CPS gave him an emergency protection order to allow him to keep my son there, put he placed my daughter in CPS custody.They claimed that I neglected her. They had a 72 hour hearing, called me on Thursday afternoon about 5pm and told me I had to be there by 9am the next morning, which was Friday morning. HOW IS THAT 72 HOURS!!! My baby and I can't see each other, I live too far away to visit and they hate for her to call me, because she gets upset and screams and cries that she wants to come home to her mommy. The last time I saw her, she is losing weight, her hair wasn't combed and she is depressed now.
Please Tell me what to do and who to talk to.
And please pray for her to be safe, I was in foster care and it is sad and scary.

[Lorrie Shaw]

Where are you at in Ga? Go to the GA Forum and get the GA DFACS Refrence Manual and read as much as you can. Get the information that you need to fight for your baby. Go to the legal forum and look at what forms would be right for your case. Dazzemay, could help you more than I. Hope this helps a little bit.


Lorrie

I am sorry, my husband informed me that the link to get the manual is no longer there, but we have a hard copy on our computer if you would like I can email it to you as an attachment or we can print it out and mail it you.

[latoyab]

Yes Please do email me anything you have that may work
[email protected]

[Dazeemay]

I got this advice for you from a friend of mine on www.fixcps.org.
He is in GA and has good knowledge about GA DFCS.

I hope this helps.

1. Kidnapping is a Federal Offense. IF in fact her ex husband illegally took or kept her children, she can contact the FBI in Virginia.

2. If in fact she has full custody of the children, her ex would not have any authority to make decisions on which he would keep and to place the other child in the care of DFCS/Georgia.

3. If there is an allegation of deprivation in Georgia, to determine the validity of the charges an investigation would have to be conducted in Virginia.


4. DFCS does not have the authority to act on the allegations of a ex-spouse. I know they do, but illegally.

5. Latoya ?, needs to seek legal help in Virginia with Legal Aid, Private Attorney, District Attorney or whomever.

[sob900]

I am a single mom, who was in the US Army for 5 years and have full custody of my two toddlers. My ex-husband and his wife, who resides in Georgia, had my two children for visitation for thanksgiving and christmas 2005. I have been given full custody of both children, he has "reasonable" visitation. He claimed that he wanted to take care of them and put them in school there for this year and I would get them back at school summer break. After he received the children, he called me and told me that he couldn't take care of them anymore ( a matter of days) and said to come get them. Mind you, He has never paid support and always has excuses as to why he can't help me, I was in the US Army for 5.5 years. No help at all. With 5 year old daughter and 4 year old son. H e started making threats after I told them I could not come until I received my paycheck to pay for gas (He wanted me to drive all the way there, which takes about $300 dollars.) His wife said she would make sure he never had to pay me child support and that since my daughter isn't biologically his, they didn't want her, just my son. They then changed their phone numbers and refused my phone calls to let me come get my babies. I got an arrest warrant filed for parental kidnapping and then he placed my daughter in DFCS care. The police, instead of arresting him immediately and giving ,me my children back, they gave him a warning to come to Virginia and turn himself in and CPS gave him an emergency protection order to allow him to keep my son there, put he placed my daughter in CPS custody.They claimed that I neglected her. They had a 72 hour hearing, called me on Thursday afternoon about 5pm and told me I had to be there by 9am the next morning, which was Friday morning. HOW IS THAT 72 HOURS!!! My baby and I can't see each other, I live too far away to visit and they hate for her to call me, because she gets upset and screams and cries that she wants to come home to her mommy. The last time I saw her, she is losing weight, her hair wasn't combed and she is depressed now.
Please Tell me what to do and who to talk to.
And please pray for her to be safe, I was in foster care and it is sad and scary.

Put this all in writing in affidavit form and file it with the court clerk in which the case will be heard. Only facts and no emotions. Look up how to write affidavits and the proceedures on how to file them in your area. This is a start as it would then be on the record as the facts of what thappened.
Dano

[scarfyrre]

Here's the link to ODIS:

http://www.odis.dhr.state.ga.us/3000_fa ... ildren.htm

I also suggest you call the Office of the Child Advocate. They won't help you much, but they will open an investigation on DFCS, which will help us eventually.

http://www.state.ga.us/gachildadvocate/

I'm from GA. I live in the Atlanta area right now, and two weeks ago our case was closed. I feel like I know the laws by heart, so if I can help in any way, please drop me a PM.

[R]

Here you go,
CPS Manual- http://www.childwelfare.net/DHR/policies/cpindex.html

DFCS Manual- http://www.childwelfare.net/DHR/policies/fcindex.htm

Just in case anyone wants it, here's the foster parent manual also- http://dhr.georgia.gov/DHR/DHR_CommonFi ... anual1.pdf

Hope this helps and good luck
-Rael

[latoyab]

My ex took me to court today and used the fact that my daughter is in foster care already against me, and the courts gave him my son. I am so heart broken, that I want to die. How I am supposed to fight to get them both back now? How do I get her back and he told all these lies and got my son too? PLEASE HELP.....

[Dazeemay]

http://www.familylaw.org/

Here is a site that you can ask all about custody questions and what the ex can or cannot do.

If you want I can tell you some of the paper work you need to do to fight it. Sob900 already stated that you need to put it in an affidavit.

The affidavits are called Declaration of Facts and Objections and Corrections to their false allegations. You will need the caseworkers reports to do the OC one.