Dad needs some good advice in Arkansas

[Darren]

Me and my girlfriend got into a big argument on June 11th of this year and the cops were called. She was taken to jail for domestic battery, and because we are not married DHS took my beautiful 5 month old baby girl. The cold hearted case worker said she would call me the next day to let me know when the first hearing would take place, she never called, and would not return my calls. 48 hours later my attorney was able to get the information. They set the hearing for June 17th. My attorney said that "He didnt know if he should "leak" this information, but if my girlfriend remained in the home any home study would be denied. He also said that even though my daughter has my last name, and I am listed as the father on the birth certificate I have no parental rights! He says that my girlfriend will have to testify on the 17th that I am the biological father before the court will recognize me. My girlfriend is on probation in Oklahoma for possession of marijuana in the presence of a minor child, and CPS knows this. Can anyone recommend any advice for me, as this has taken an overwhelming toll on me and my family members. I make good money, have a very nice house, and want desperately to get my daughter back. The Arkansas DHS website says that they are not taking any applications for adoption of Caucasian infants, only black babies. I am scared to death that they will do anything to keep my child because of these circumstances. Please advise.......anyone?

[tonymoo]

I'm not a lawyer but this doesn't add up.

I have no info on Arkansas but any state I've even been in, if you on the BC, you are the father. I'd consult another attorney if I were you .

I also think you might want an attorney who will be very aggressive.

Get some answers.

Assuming you've been told the wrong info about the legal father stuff, get an explanation of why the child was removed. I don't think there is a valid one.

Courts have said that witnessing domestic violence is not sufficient reason to remove a child (especially an infant).

Question everything. It is important to try to win at this 1st hearing because once the judge says the initial removal was proper, you basically have to prove it's ok for the child to come home.

[Darren]

I have contacted many lawyers regarding this case, and they all confirm that unless you are married they cannot establish the fact that I am the legal father. I wonder how many others familes have been tortured by this ignorant law. Establishing paternity can only be done by dna tests, or if my girlfriend testifies at the emergency hearing that I am indeed the father. My attorney also claims that Arkansas is one of the worst states regarding protective child custody matters. Iam scared to death to say the least. Also my attorney says that even if I establish paternity, I will have to jump through hoops to get my daughter back. This could take months to accomplish, as a home study will have to be done. I just moved here from Oklahoma, and my daughters 2nd round of immunizations is due, so I called and left a message on the case-workers phone, but am now told that I should not have done that because it shows neglect that I haven't already had the shots. All I was trying to do is help my daughter. How can they say that my girlfriend has to establish a different residency? I was coerced to give my child to them, now I am up to my neck in legal complications! I appreciate your advice, and look forward to hearing from others who have possibly gone through a similar scenario.

[thiasmommy]

Dear Dad,

In my case the caseworker had the dad and my daughter submitt to dna testing and the state paid for it, so the court will have this done even when the mom tells the court that you are the dad.


Hope this helps

[debbiescalese]

if you are on the birth cert you are the father. Was a dna test done? In my state if you are not married the father must sign a noterized paper stating he is the father once that is done it is very hard for the dad to say "not my kid" in court and he will be paying child support for the next 18 years.
You need an agressive lawyer an r/o against the child's mother. Try for a relative placement asap. Have a blood relative go to the court house and file custody papers like your mom or a sister/brother. With you on the birth cert you are the childs legal father they are the childs legal relatives.

[tonymoo]

I don't mean to beat a dead horse but I can't understand how Arkansas can be so different. I looked at :
http://www.state.ar.us/dfa/child_suppor ... rnity.html
and it seems to me that the only way you could be on the BC is if you both filled out the legal forms in the hospital in which case that should have established paternity.

Also, what are the charges against your GF from cps? Emotional neglect? Or something else? Anything against you?

Again, I guess I'm to hung up on how New York works, but if you are shown to be the father, and have no CPS complaint against you, why the home study and delay? At that point you are not asking for the "placement" to be with you, you are asking for the child to be returned to a parent against whom there are no accusations.

[Frustrated]

You need a really aggressive good Lawyer, that is not CPS supporter. "just to get along with CPS" is no good. You need the one that would fight for YOU.
Now question: how long do you live with your GF? It's important because it can establish common law marriage by law. Up to 3 years if you live together, in the same household and share a child together, that's common law marriage. if you live more than xx years with your GF. It does not matter if you are not married or NOT, the Lawyer did not tell you everything! ASK QUESTIONS, and lots of it. Ask about the certain laws that protect your FATHER's RIGHTS. There is Father's Rights Law out there. Have you went to Father's Rights Association Website yet? They will tell you what your Father's Rights are and what your legal chances are.

5 months baby, they will say it is only a new baby, not a School Aged child, so they will say that there are "no bonds". They will sever ANY BONDS with you and the mother by keeping the baby away for a long period of time, which is Months and months away. then they will say that the foster mom had established a bond with the baby and wants to adopt it....that's when it is danger from losing the baby. ASK FOR RELATIVE PLACEMENT IMMEDIATELY. ie: your mother, sister, etc...etc...very important, do it IMMEDIATELY and bring it up at the hearing. because the time is losing here. You need a Hearing to show up, and you must show up so the Judge will find out where to place the baby to? That's the important hearing.
you need documents, paperwork to show that you are the child's father ie: hospital records, medical records, Birth Certificates, immunization shots schedule book, etc...etc...picture helps too. If you have yourself and the baby holding, then it is good to attach that to the affiavidts for the Judge to see it. attach the Birth Certificate to the affavidit too. So in the mean time, immediately submit paternity tests and don't waste time because they will delay and delay...CPS's best tactics is stalling and delay.....

they will say you must submit to their Services, like....take parenting classes, etc...If I were you, I would take them right now, PRIVATE somewhere else, not with CPS. it takes 10 weeks to complete. If you be one step ahead of them, you can beat their game. If they want you to take counselling, take private couselling somewhere else. I would do everything else, so they can't recommend you to take such services FROM CPS. So there is nothing for CPS to bring up to the "Judge" because you are nearing completion of everything else. So thus, you don't need to "jump thru hoops!" MAKE SURE YOU SHOW PROOF OF CERTIFICATES OF COMPLETION, and LETTERS FROM COUNSELLORS, etc...to the JUDGE, KEEP ORIGINALS AT HOME. Attach all of these to the Affavidits along with a Family Picture. Judge is more sympathetic with a family picture.

I have done all the private things before CPS even recommend anything and they couldn't bring anything up because I have completed them all. so thus, no more jumping thru hoops! Do it privately elsewhere and get it done fast. Don't tell CPS that you are "taking services" because they will say "you must take CPS Services!". They want to make money THRU SERVICES. That's how it works with sick CPS organization. it's all about money. Always.

First, get a real GOOD LAWYER, do more research, ASK MORE QUESTIONS, ask for his/her qualifications, their law college degree, what their success rates of winning CPS cases...etc...etc...ask blunt and clear questions. ie: your common law marriage, your father's rights law and FAMILY CODES. ASK ABOUT IT! If they won't tell you, you can do your own research, read up the books. ASK YOUR MOM or other Relative to come to the hearing and tell the Judge that you want xxxxxx as a relative placement to take in the baby for the temporary placement until you fix everything else out. It should be no more than 6 months! after 6 months, that's where they will make it very difficult on you, ie: BOND. (no more than 2 months) Should be less.
ASK FOR VISITATION. You HAVE THAT RIGHT!
Most chance, the Judge will grant at least 1 to 2 hours visit at the CPS Office, maybe 2 days a week. It all depends on the Judge, it can be longer. It depends. CPS will watch your every move at the CPS Office, they have cameras...they take notes through ridiculous mirrored window.
If you watch a Movie called "I AM SAM", it is similar to yours, He was a Father who FOUGHT FOR HIS DAUGHTER. KEEP ON FIGHTING. KEEP BUGGING THEM. BUG YOUR LAWYER. EVERY SINGLE DAY. KEEP UPDATES. and most of all, buy a Journal Book, to keep recorded notes of dates, names, cps worker's names, location and how the baby "appeared" to you...etc..etc.....EVERYTHING! and...bring your witnesses with you to every visitation, so the CPS can't say you didn't visit your baby. BE VILIGANT. BE ON TOP OF EVERYTHING. Be kind, and polite, never show anger to them. They will say you have anger "issues" so thus they will or might make you take Anger management Classes from CPS Services!!! why not take those ahead of their recommendations? might as well. god forbid they will bring up drug testing. It's ridiculous I know, they will bring up roadblocks as much as they can to YOU, PREVENTING everything in your path. making it harder on you but you need to FIGHT BACK!

Now go!

[Darren]

Wow, thanks for all the great advice from you wonderful, caring people. Signing up for this site has already helped me a great deal in handling this situation. I appeared at the probable cause hearing today, and my girlfriend took the stand and testified before the judge and other legal entities that I AM HER FATHER! No dna test was needed, as I took the stand as well and testified that I AM HER FATHER! How ironic was it that when I was served papers yesterday that I was listed as the father in a lawsuit filed against me from the state of Arkansas. My lawyer went to school with the judge, so who knows if that is good or bad, but at least I am now recognized as the legal father. They set the next hearing for mid August. I was granted one visit per week with my daughter, for one hour supervised of course, but here comes the disturbing part.

Me and my girlfrend was granted a one hour visit with my little 5 month old infant today, I was joyous to say the least. I took with me a parental visitation form, to document the visit, and was my case-worker shocked! I asked how many parents have done this and her reply was I was the first one she had ever seen bring this paperwork in! When I walked into the secured area I had cameras rolling and was abruptly stopped and ordered to turn it off, or be forced to leave the building. I have on tape them raising their voices to me ordering me to turn off the camera. She said that there were privacy issues to be concerned with, and it was their policy NOT to be taped or filmed. I was led into a cluttered office, where 30 minutes later I was able to see my daughter for the first time in 5 days. I was horrified. My daughter has developed a severe diaper rash the likes of which I have never seen her have. She also has developed a rash on both the cheeks of her face from what appears to be where she has slept in her own slobber. Her hair had mattes in it, that can not be combed out. She appeared sluggish, almost like she was on some type of medication. She was spitting up more than I have ever seen her, and I found out that even though i told them what formula she was on, they had switched her to a different brand which has obviously affected her digestion. She seemed distraught, unhappy, and had an overall aura of a strange discontent. Parents pick up on these things, and I began to cry. I was able to videotape all of this once I was inside the closed room in front of the case-worker. She told me that I could expect some of these types of things, and began to lecture about how the foster parents are on a budget, many kids, etc. I began documenting all of this, as she nervously typed away at her computer. When I asked her why my little girl was taken in the first place, she responded by saying it was because when her mommy went to jail it could not be determined who had legal gaurdianship. Yet the papers I was served with says that I had put her in iminent danger because of the domestic violence. I cannot seem to get any straight answers.

I told her that this law in Arkansas is ripping children away from their families, and she told me that if I didnt shut up, she would terminate the visit. I held my toungue long enough for the "Guns and Roses" ring tone to go off from her cell phone, where she began to raise her voice at some other mother who was getting evicted from her home, the case worker had no sympathy for me, my child, or the distressed mother on the other end of the phone.

I pulled out a flow-chart that I obtained from this site, after she began to ask me if I understood the processes involved. Upon showing it to her, she said it was too intricate, and didn't understand the "extra" filings, motions, hearings, and other legal terminologies that were on my flow chart! Again after she "highlighted" the parts she said were "the way Arkansas" does it...she began to type feverishly on her keyboard, checking briefly to see if i was watching her, and i was out of the corner of my eye.

My poor daughter is receiving poor care in this foster home. I told her what the DHS website said about Caucasian infants, and she looked at me like she was shocked that i would even bring up such a thing. My vocabulary intimidated her, so I decided to ease up a bit, and explain that I was going the extra mile to DOCUMENT EVERYTHING! I explained that removal of a child based soley on witnessing domestic violence was unconstitutional, and that I would record all home visits. She responded by saying their could be no witnesses, or video taping during these visits to my home. She said she would have to ask her supervisor if this was allowable, and I then showed her the Arkansas Statues pertaining to video taping. She told me that it is her doing the background criminal checks, the home visits, and the home study, and how she would feel uncomfortable doing some of these with cameras rolling. I simply said that my attorney advised me to do this, and she looked insulted.

I told her that I was not trying to be unreasonable, that I was just a concerned parent who will take advantage of my rights as "A RECOGNIZED FATHER!! She knows that I will document everything under the sun, and be it right or wrong I will fight for my daughter leaving no stone unturned. She said that she will recommend to the Judge that I undergo parenting classes, a drug and alcohol assessment, as well as anger management classes. Here we go!

I appreciate all of your advice, and will post updates frequently. It is because of this site, that I now stand better prepared mentally, and physically to face the beast, and look at it right in the eye with new hope. My poor baby.....I hope we get through this before her health deteriorates because of their neglect. You can see the pain in her eyes even at 5 months old. I pray this nightmare will end in the months to come.

[tonymoo]

I am sorry for what you're going through and you see to be handling most of it well.

Not to be a downer but it seems to me your lawyer lost yesterday. I'm inferring that the judge ruled that it was proper for the child to have been taken. I don't understand that. I mean, of course, I understand that it happens frequently, but I don't understand the basis in law.

Also, why is the hearing two months out?

Did your lawyer bring up:
Nicholson v. Williams, Case #00-CV2229, U.S. District Court, Eastern District of New York

Obviously, not binding precedent in Arkansas, but still a federal district court decision.

Can you lawyer ask for an "emergency" hearing based on your footage of your child from the visit?

[Frustrated]

Of course, anger management courses just like I brought up before...(drug and alcohol assessment) not a good thing because they manipulate them. You are better off getting private tests at your own accord. Get the Family Doctor to get a physical, blood tests to show that you are clean. etc....it is different (she did not say Drug testing, just an assessment). so that's good to know.

She is wrong when she say there can't be no witnesses or recording in your own home. Your home is your own privacy right, you have the right to record your OWN home! you have the right to have witnesses there, its like having visitors over.

I have had witnesses at my house all the time and the worker didn't like that very much but it made them nervous because they know we are documenting everything and watching every move they make. Then they finally closed out the case.

I would recommend you to take all of these (CPS' recommendations to the Judge) and do them BEFORE she brings them up to the Judge because she can court order them to make you jump thru hoop for god who knows when. but if you finish them in time, then there is no reason for CPS worker to recommend to the Judge because there isn't anything to "recommend with".

I praise for your diligent work, and your professionality on this. I am going to warn you however, you will get another worker in the next two weeks. Because that's how they work. (if they don't like what you are doing, the worker gets assigned to another worker to I guess because of your cautionary measures). ie: caseworker not licensed, then reassigned to a real social worker that is actually registered and licensed by the State.
Ask if this Worker is licensed or registered by the State. ask if she has any qualifications (you have that right to ask for their degree of work and what education they had). It's in the CPS Manual. Most Business cards with their names will have labels beside their names B.A. or R.S.W. or whatever, if it is blank that means they are NOT LICENSED< OR NOT REGISTERED. They are just merely a "Caseworker" straight out of High School. underexperienced at best. It's your right to know who you are dealing with!

[Frustrated]

It would be also be wise to check up the CPS Manual in your State, I don't know where, but it is somewhere, perhaps under the States board. You can use the Manual against CPS and the Worker.

Also it is important that you made clear and tell the Worker of your concerns and point them out. ie: cheek rashes and bum rashes. It is NOT ACCEPTABLE for CPS Worker telling you they had lack of fundings to foster parents who are NEGLECTING your precious baby. It is NO EXCUSE! They are supposed to be caring and PROTECTING the baby, not neglecting the baby.

Point out your concerns, and tell the Worker that you have concerns of rashes and hair not being brushed. Write down these concerns in your Journal Book in front of her so she knows you are keeping tabs on everything. Tell your Lawyer that the baby is being neglected at the Foster home. It could be a chance that the baby will be transferred to another foster home so it can be better cared for.

I can't believe that this Worker is condoning neglect and even admit to it, ie: lack of funding and foster parents had no money bla bla...it is no excuse! She even admitted to you clearly (funding problems to foster parents and had too many kids?) If she knew it is a problem, why isn't she correcting them?

This is not acceptable and it needs to be remedied as soon as possible for the safety and healty of your dear baby. I praise for you to be a good concerned Father. That is where you should be. It is ridiculous why the baby was even removed, where it should have been left with either you or another relative. Why is the baby not with relatives? Bring up the Law of RELATIVE PLACEMENT. She was supposed to search for relative placement at the beginning but instead placed the baby in foster care?

[yellernboyz]

This is so crazy. How do they get away with ordering drug evual. when there was no drugs. This rubber stamping deal of parenting class, drug evual., anger management, etc. It is wrong. If your kids werent removed for drug reasons how do they get away with this?