What can I do now ?

[amartin]

My 5y/o daughter was removed from our home August 2004.
I failed to meet conditions of case plan, and the courts have placed my daughter in "long term relative custody" with her aunt. I am a single father, daughter's mother passed away 3/2004. We were divorced.

I am not without fault, I have a history of alcoholism and had drank (CPS used this to remove my daughter) saying there was a potential of neglect because of my history of alcoholism.

Long story sort I drank after child was removed, failing to meet requirements of case plan.

I am currently in a treatment program and pray that I will someday regain custody of my daughter. I love and miss my little girl. I was a good father to her. She was never in any danger of harm in any form.

The aunt my daughter is with (my former wifes sister) hates me & I have had no contact with my daughter since 10/2005.

Since being in treatment program I have no money to pay an attorney...does anyone have any ideas on what I can do ?

My life has been a nightmare since this all began...please help !

[scarfyrre]

They removed her for potential abuse? Amazing how we can get tried and convicted for a crime we might do. Sheesh.

Why was the daughter removed in the first place? What was the original charge and why was CPS involved?

What's the case plan now?

Why has it been since October of '05 since you've seen her? Your choice or the courts/aunt?

Is all this from a court order or just CPS?

Lastly, what state are you in?

I'm sure others will have more questions, but I only ask these to get a better idea at where you stand. I'm honestly not being nosy.

[Dan Sullivan]

If you don't have any court ordered visitation, you should get it.

Is there anything in writing now?

Have you been allowed to speak with her on the phone?

Have you sent her letters, cards, birthday presents?

How far does she live from you?

Best, Dan

[thia'smommy]

This case sounds just like my case,

You can do alot, I will gather up everything I have done and let you know what to do.

You need to stay straight and that is the main thing, Period.

No slips.

I will post all the information in a bit, I am at work right now

Thanks Dennise

[thia'smommy]

By the way I am in Pasco County Florida,

I have alot of the motions you can use for your case.

I will get back to you
kk

best
Dennise

[Bob_Lynn]

See this very recent case law from the Florida 1st Circuit Court of Appeals. It may help your case:

http://www.fightcps.com/forum/viewtopic.php?t=3800

[grandmatotwingles]

Potential abuse? What the heck is that? So now they can say anyone may potentially abuse a kid? That is sooo wrong. I'm in shock.

Please for the sake of your daughter, do stop drinking.

[Frustrated]

That sure sounds like anothter term they would use:

"Future Risk of harm or neglect"

FUTURE RISK which can't be proven because it has not happened yet. Which I thought was absurd in my opinion. How can you go against Families for Future Risk of harm or danger if it never happened yet?

That is same thing with me, they say there was a Future risk of harm or danger on my Son which was Emotional Harm. I thought that was silly, if it happened before, then I understand but in the Future? Geesh.

They even can't prove with Evidence with other Families, because it is invisible and can't be proven. They even go on cases with other Families almost nothing.

It is ridiculous, but if your case is proven with Alcholism, yes, you need to go straight and remain clean, which is the hardest thing you will ever have to do in your Whole Life. There are help out there that you can do. And there are things that you can do, like signing a Saftey Plan which you promise that you would go for help and stay there. I have Families out there that has Alcoholism in their Families and the Children still remain in their care, because the Mother has no Alcohol problem, just the Father, and there are criteria that they can meet.

How old is the Child? Sometimes they keep Teenagers with the Parents, given if there is nothing happening to the Children. I have seen again, lots of Alcholic Parents out there that still has Children. It is because the Children are over 13. If it is a small child like 5 or 6, they would cause to state their case that the girl needs protection. There are things you can do and go through procedure, but it is going to take a long time. Probably will take you up to 2 years to do so. 2 years of Case Plans. Tell them that you will do it and make sure you DO NOT MISS ANYTHING. Do all of them and remain clean.

[thiasmommy]

Did u complete the case plan?

Did they CLOSE your case leaving the child in long term relative care?

How long have you been in treatment this time?

Are you documenting aa and any other support groups?

HAVE YOU QUIT DRINKING?

As Dan said, are you sending cards or trying to contact, if so document that you have, by photo copying the cards or send them return reciept.

When you post more information I will know which motion to provide you with, You may have to re-open your case.

Thanks
Dennise

[amartin]

I'll try to answer as many questions as I can now and add more later.
Last contact with my daughter 10/05...I'm in treatment, Have tried to call her...the aunt she's with & I have a very bad relationship...
they screen calls, either don't answer or I get the answering machine. Since they won't let me talk to her feel that letters to her would just be thrown out.

I'm in Florida.

Entered this program in 12/05, will complete it in June.

Have completed requirements of case except for "relapse", i.e.
parenting classes, etc.

CPS has closed the case, from what I understand (wich may be wrong) is that I go directly to the court now & no longer deal with CPS.

My "public defender" sent me a copy of the last order in the case...that was to suspend my unsupervised visits, and that CPS has closed case.

yes, I'm keeping a record of the aa meetings, etc.

please keep posting anything you post helps me.
have felt like I'm all alone doing this.