Please Help!

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Bunny
Posts: 5
Joined: Sat Nov 09, 2013 12:31 pm

Please Help!

Postby Bunny » Sun Nov 10, 2013 6:43 pm

It has been almost three weeks since I lost my kids. I had to give my grandparents temp. custody. That day my daughter, age four at the time, unlocked the back door and went outside at around 6 a.m. while everyone was asleep. We live in a bad neighborhood in an eightplex and our neighbors found her in the front yard, supposedly eating out of our trash. It was trash day. The neighbors that found her said "she was standing in our front yard eating out of our trash, and asked her where her parents were. He thought she was waiting for the school bus. My daughter said upstairs asleep." I have seen this man before. He said, "I didnt know there was a back door," which was a lie of course because we have helped him out in the past. So he took her to his house with his wife. They called the police cause he only tried the front door, which was locked. Cops came banging on the door at around 7 a.m. Asked questions bla, bla, bla, treated us like criminals, then called CPS. They said CPS would help lol. They did their investigation as usual. They said that we abuse because my son is a ruff player with my daughter, neglect by letting her get outside and starve my daughter for supposedly eating out of the trash, but not my son which is age two now. Sorry this is so long, I am just going to sum it all up. I cant get my kids back for three to six months for them thinking that i starve, neglect and abuse my daughter. Which none of this is true. We are on food stamps. They cam at the end of the month which we didnt have very much food obviously. I keep food for my kids while I starve when it gets close to the end of the month. Our house was not dirty. I did have alot of clothes that needed to be folded in my daughters room cause she still wets the bed and likes to hide her dirty clothes. They just came on a bad day. She was sleeping in the living room. She has an eating problem where she says she hungry every 30 minutes to a few hours. I have to feed her more than a grown man eats. I think she might have celiac disease. My grandparents took her to a specialist after they got temp custody. Everybody assumes we starve her and never dig deeper. Now they think that she will start slowing down by asking for food. Its been almost three weeks and she is still the same. My parents want us to move to a different state by giving them temp custody in a week. They think we will get the kids back by doing that. I dont know what to do. I dont know if we should wait three to six months to get them back or CPS give them to a foster family, or give my parents temp custody and move. My parents are foster parents. Also the lady that is looking over our case has not contacted or even came by not once. She wont even do and investigation on the last time someone called the cops and falsely accused of us neglecting her. It was my fiances cousin, which his cousin is not a very good person. I just want to know what the best thing to do and I am scared I will not get my kids back after I had just won full custody from my x husband which was abusive.

apetty74041
Posts: 3
Joined: Sun Aug 25, 2013 5:30 pm
Location: oklahoma

Re: Please Help!

Postby apetty74041 » Wed Dec 25, 2013 11:37 pm

I don't know what state you live in, and if this is a real temp custody order handing them over to CPS so they can facilitate kinship care (usually so they receive federal funding, and don't have to pay for foster care, and charge you AND her father for her support) or if it is to give legal temp custody to the grandparents JUDGE oversees it and DHS is nudged out <-------- the one you want. OH yeah don't trust a word out of DHS... not a single word.

You are on here and that is good, the more you learn the more power you have.

Make record of EVERYTHING.
Keep your mouth shut.
KNOW your constitutional rights.

RESEARCH your state statutes on guardianship, they are usually hard to read but you might be lucky and your state legislatures could have basic language skills (or if you're real lucky, souls) that might make it easier to understand.

In my case in my circumstances we were allowed to give temp custody to my daughter's grandmother. Now in my state there are TWO forms of Temporary Custody the one that DHS files and the other one (a title 30 in my state). The title 30 is the one you want, I believe you have to ask the judge for permission for it, and if the judge agrees he will put stipulations on the order that protect your rights and line out clearly how you may regain custody, it has to be reviewed every year. When we did this DHS went ape shit because we were effectively taking a paycheck away.
This might have been easier in my case because there was a friend of the family attorney that was able to represent my daughter ad liteum and her dad's attorney and grandma's attorney were willing to disclose information to me that my attorney wouldn't (like his phone number).

After we signed over rights to the grandparents we didn't have to move out of state or anything, and actually I don't recommend doing that anyway because

A) it will make you look unstable
B) the child will stay in the county and state jurisdiction anyway
C) you HAVE TO BE AT EVERY COURT HEARING hang it up if you miss one for any reason
D) Even under court supervision; whatever sleeping outside your gp's house in the car you need FREQUENT contact with your child

DHS had no power after that. We went in for the year review and since gma did not contest for a continuance of the guardianship she was returned to our custody.

Stand your ground, who loves your child more than you and your family, who has cared for them, for you? Who has her best interest in mind? Who knows her more? That's right! you and yours.
Not an attorney, just another outraged victim and long time smart ass
- apetty

***** I'M CHOKING ON MY OWN ANGA' HERE! ********
- moe syzlak


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