It's over....now we wait for the judges decision

[anxiousmom]

We just had our last court hearing for the divorce & the issue with CPS & child custody.

At 1:30 my husb. has to take the kids back up to the court so that the judge can interview each of the children individiually.

The judge will send a letter to each of our lawyers once he has made his decision.

So.....I just have to wait.

I firmly believe that the children talking to the judge will help my case. All 3 of the boys want to live with me & are firm about that. My daughter usually says "No" but has once said her dad.

The chldren's lawyer, the guardian ad liteum stated that he recommends that the children live with me.

CPS, ofcourse, still holds that the children should live with their dad.

When my lawyer asked my husb. about the very messy pics. of his apt, he said "It's cluttered." The judge interrupted him & said "Excuse me. Are you calling this *CLUTTER?*" To which my husb. said "yes, it's clutter." The judge made a shocked face as those pics. are way more than just clutter.....it is fitlh & unsanitary & extremely messy, etc.

I don't know what will happen. I've pretty much been telling myself that my husb. will get the children & trying to prepare myself for that.

Sue Howard
Nacogdoches, TX

[anxiousmom]

I meant to say my daughter usually says "I don't know" NOT that she says "no" about living with me. I miswrote.

[ldsmama5]

We will pray for you. I think you have a good chance here. Unless everyone acts like nothing is up over at your exes they are as good as yours. I would already be planning a big welcome home party for them.

[Frustrated]

Me too, Prayers for you and your Children to come home where they are supposed to be. You cleaned up the mess so they deserve to be home.
Then I hope you will come back here once in a while to help other Families in similar situations. That would be very helpful for support.

[thiasmommy]

Hi,

I KNOW U R GOING TO GET THE KIDS !!!!!!!!!!!!!!!!!!!!!!!!!!!!!



GOD bLESS
DENNISE

[Greegor]

In TX the Judge has a 90 day deadline right?
I'm betting you'll have an answer within
a week or else they might do it on the 89th day.

Best of luck.

[Frustrated]

That sounds like what CPS would do at moment's notice. When a Family knows their Rights and knows the Law, CPS always beat the rap and files at moment's notice. Like what happened to that Member on another board, trying to file at the Court at 23rd Hour. Saying that her Kids were removed the day before where they were removed Jan. 12th. One month before.

Kind of make you think what CPS are up to when the time line comes in the picture. CPS COUNTS on Families being unknowledgeable about their rules of the book, and once we know what's up and file a complaint, they always file something just to prove that it is "necessary". If a Family is Clueless, CPS can do whatever they want and playing the violin as they go. Then that Family continues to suffer being clueless and lost their Children over "unnecessary and non-filing stature". It could very well never had been filed to begin with.

That is why Judges act the same way, always thinking and act within moment's notice. Remember most Judges work hand in hand with CPS and always rubber stamp CPS's recommendations. Almost every time. But not when the Family is in the spotlight, especially that one in Reader's Digest magazine, I bet the Judge don't want all that attention and just want to leave it alone. I happen to think CPS wants nothing to do with her anymore because she brings too much attention to the Media now.

Hey, whatever works, I would do the same thing if some child stealing people stole my Children, I would voice to high sky until I get my Children back home instantly. You know, that is a natural Mother's Instinct to their Youngs. They react and protect their Youngs. We have that Right. Same as the Lion would with their cubs.

I think you will get your Children back home and very soon! I am still praying for you and your Children. Finger Crossed and awaiting the Judge's decisions possibly next week.

[anxiousmom]

I'm still waiting for the judge's decision.

Sometimes I feel like I will get them back & other times I feel like I won't.

[Greegor]

What was the decision anxiousmom?

[thiasmommy]

Yea anxious mom,


have you heard any thing, been saying a prayer for you every day!!!!

[Frustrated]

Been too long.

[anxiousmom]

I'm still waiting!!!!

We went to court again March...I think the 19th.....we'd been waiting since the previous hearing in mid Feb.

CPS's lawyer said "We're staying with the status quo" (i.e. for the kids to be placed with their dad) & asking to be removed from the case....they have been asking to be removed since Sept.!!!! (After only working with me for 4 mos.!)

My lawyer & my husb's lawyer said they had no objections.

The judge said he'd have an anwser in a few days.....now it has been a little over 3 months!!!!

I don't know what to think!!!1

CPS hasn't come out to my house or my husband's apt. They have NOT checked on the kids all these 3 months---DESPITE their still having managing conservatorship of my children!!!!!!!!!!!!! Doesn't that prove that they do NOT CARE about my children???!!!!!

I think the last time they saw the kids was in Jan.!!!!!!!

It has been a little over a YEAR since they came out in May 06 & later that month a year ago is when I have them temp. managing conservatorship.

The CPS TX manua states that the judge HAS to make a decision the following Monday after the year deadline or end the case!!!!!!

It does say CPS can ask for a one time 6 month extension....but, since they "want out" and are not even checking on my children, I don't see why they would do that.

My husb's apt. is STILL as messy as those pics. I've posted previsouly! My MIL saw his apt. for the 1st time in April & was AGHAST at it & especially aghast at the children living in it---and she didn't even go into the bathroom!

I don't understand why it is taking so long.

[layla]

Hi sweety
i just wanted to say my thought's and prayers are with you and your babies, i don't know what to say except i hope things get sorted soon, and i think CPS don't really care about the children

I thought it was the children's best intrest is paramount above all others???

I guess not, can they extend court orders over 6 months

I think the court and CPS system sucks and PROTECTS the Abusers

BUT WHO PROTECTS US PARENTS AND CHILDREN?

[Momoffor]

It has been a little over a YEAR since they came out in May 06 & later that month a year ago is when I have them temp. managing conservatorship.

The CPS TX manua states that the judge HAS to make a decision the following Monday after the year deadline or end the case!!!!!!
.

Beware of the wording. In VA, it is often from when the case is OPEN. Not when the nightmare first started. My nightmare started in March of 04. But the investigation was not completed until just a few days before the deadline for an investigation. even though all of the paperwork had dates from April on it ..they were just sitting on it. The official CASE was opened in June of 04. So everything fromt hat point went from the date the case was opened.

[anxiousmom]

Law

&on the first Monday after the first anniversary of the date the court rendered a temporary order appointing the department as a temporary managing conservator, the court shall dismiss the suit affecting the parent-child relationship filed by the department that requests termination of the parent-child relationship or requests that the department be named as conservator of the child.

Texas Family Code §263.401

Management Policy

New temporary orders issued as of January 1,1998, expire 12 months after the initial order granting temporary managing conservatorship to the agency, unless a one time extension is granted. The one time extension can be for no longer than six months. If a final order is not issued prior to the expiration date of the temporary order the case is automatically dismissed. It is therefore important to resolve the issues in conservatorship cases in a timely manner and to maintain a constant awareness of the expiration date of the temporary order.

[anxiousmom]

TX CPS manual states:

The 365-day clock starts when Temporary Managing Conservatorship [TMC] is awarded.

Law

Unless the court has rendered a final order or granted a one time extension for up to 6 months, the court is directed to dismiss the suit filed by the Department on the first Monday after the first anniversary of the date the court rendered an order appointing the Department as Temporary Managing Conservator.

Management Policy

New temporary orders issued as of January 1,1998, expire 12 months after the initial order granting temporary managing conservatorship to the agency, unless a one time extension is granted. The one time extension can be for no longer than six months. If a final order is not issued prior to the expiration date of the temporary order the case is automatically dismissed. It is therefore important to resolve the issues in conservatorship cases in a timely manner and to maintain a constant awareness of the expiration date of the temporary order.

This is from the Texas Family Code (LAW) & is referenced to in the TX cps manual:


§ 263.401. DISMISSAL AFTER ONE YEAR; EXTENSION. (a)
Unless the court has rendered a final order or granted an extension under Subsection (b), on the first Monday after the first
anniversary of the date the court rendered a temporary order
appointing the department as temporary managing conservator, the court shall dismiss the suit affecting the parent-child
relationship filed by the department that requests termination of
the parent-child relationship or requests that the department be
named conservator of the child.
(b) The court may not retain the suit on the court's docket after the time described by Subsection (a) unless the court finds that extraordinary circumstances necessitate the child remaining in the temporary managing conservatorship of the department and that continuing the appointment of the department as temporary managing conservator is in the best interest of the child. If the court makes those findings, the court may retain the suit on the court's docket for a period not to exceed 180 days after the time described by Subsection (a). If the court retains the suit on the court's docket, the court shall render an order in which the court:
(1) schedules the new date for dismissal of the suit not later than the 180th day after the time described by Subsection (a);
(2) makes further temporary orders for the safety and welfare of the child as necessary to avoid further delay in resolving the suit; and
(3) sets a final hearing on a date that allows the court to render a final order before the required date for dismissal of the suit under this subsection.
(c) If the court grants an extension but does not render a final order or dismiss the suit on or before the required date for
dismissal under Subsection (b), the court shall dismiss the suit.
The court may not grant an additional extension that extends the
suit beyond the required date for dismissal under Subsection (b).
(d) For purposes of this section, a final order is an order
that:
(1) requires that a child be returned to the child's parent;
(2) names a relative of the child or another person as the child's managing conservator;
(3) without terminating the parent-child
relationship, appoints the department as the managing conservator of the child; or
(4) terminates the parent-child relationship and appoints a relative of the child, another suitable person, or the
department as managing conservator of the child.

Added by Acts 1997, 75th Leg., ch. 600, § 17, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 603, § 12, eff. Jan. 1, 1998; Acts
1997, 75th Leg., ch. 1022, § 90, eff. Jan. 1, 1998. Amended by
Acts 2001, 77th Leg., ch. 1090, § 8, eff. Sept. 1, 2001; Acts
2005, 79th Leg., ch. 268, § 1.40, eff. Sept. 1, 2005.


§ 263.402. LIMIT ON EXTENSION; WAIVER. (a) The parties to a suit under this chapter may not extend the deadlines set by the court under this subchapter by agreement or otherwise.
(b) A party to a suit under this chapter who fails to make a timely motion to dismiss the suit or to make a motion requesting the court to render a final order before the deadline for dismissal under this subchapter waives the right to object to the court's failure to dismiss the suit. A motion to dismiss under this
subsection is timely if the motion is made before the department has introduced all of the department's evidence, other than rebuttal evidence, at the trial on the merits.

[Momoffor]

If thats the case and its been over a year, file to dismiss.

But if I remember right, your case is where the deparmtment is requesting to be removed and now its a matter of cutody disputes between you and your ex-husband right? There might be loopholes involved with that type of situation. Its not a clean cut case of kids in foster care.

[anxiousmom]

The one year time frame applies to ALL children who are in CPS's tempoary managing conservatorship---whether they are in fostercare, wtih other relatives, still in the home, etc.

Yes, BEFORE all this started with cps in May 06, I was in a divorce/child custody case with my husband. However, the judge had granted me custody of the children.

But, the judge may give them to their dad now. I don't know.

But, it seems to me that IF the judge wanted to place the kids with their dad, then he would have done it a LONG time ago as that is what cps has been asking him to do since Oct.!

If the judge wanted to place with their dad or plans to place them with their dad, why would he have let the one year time frame lapse without making a ruleing?

Other than getting me to clear my house out----which I am greatly that this caused me to do that---this whole thing has been SEENSLESS!!!!!!!

They (cps, the court, judge, GAL, etc.) have kept FOUR children stuck in a ONE bedroom apt.!!!!! My dd sleeps in the small livingroom......actually that is considered her room & so, after school, she'd sit there all day, watching tv, doing homework, etc.....sit in there alone.

The boys sleep in the bedroom with their dad.....one with their dad, one on the floor & the oldest on a small couch. They all sit in that room with their dad to watch tv.

It's messy, dirty, crowded, stuff all over the floor, etc.---and it has been that way the ENTIRE year they have been there!

It's a run down apt. in this previous house---which is also run down.

They are upstairs with NO fire ladders outside the windows. If a fire broke out downstairs blocking the stairs, they would be trapped & would have to jump out the windows.

CPS has had NO CONTACT with my children for FOUR months even though THEY have temp. managing conservatorship!!! They have more legal rights/authority over the kids, yet, have NOT seen them for FOUR months???!!!!!!!!

The TX cps manual states that the workers are to have monthly contact with children in their managing conservatorship....and if that is not possible, to talk to them on the phone or by letter. I've asked the kids..they have not called or written.

*I* have been UNallowed to pick up my children from school this entire time!!!!!!!!!!!!!!!! That is just so ridiculous!!!!!

I've never had supervised visitation & the kids come here & have since this started on Fri, Sat. & Sun....stay all weekend.....I see them more than their dad, as they were in school Mon.-Thurs.

Their not allowing me to pick them up from school was just a mean thing to do to try & alienate me from my children.

Technically, it seems to me, that things *should* go back to the way they were before cps became involved.....if we file to get the case dismissed since it's passed the year mark, THEN, the judge's tempoary divorce/cudtody ruling would be IN affect---which states that *I* have custody of the children.

That would be in affect until he made a final ruling on the divorce/custody.

[snsanty]

my mother & her lesbian 'partner' are trying to alienate myself & my husband from our kids too. The CPS Nazis believe everything they say & they can do no wrong. Never mind the deviant sexual lifestyle they have! But they get $2,100 a month to hold our kids hostage. This is really affecting our middle son. He thinks of my mom's 'partner' as the daddy because she assumes the masculine role in the relationship. There is NO justice here in Fremont County Colorado because the judge in our case is rumored to be a lesbian & she will naturally side with DHS, my husband & I are f$#ked!