Desperate for an answer

Info for giving temp. guardianship to someone else..

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proudmommato7
Posts: 6
Joined: Wed Jun 27, 2012 2:00 pm

Desperate for an answer

Postby proudmommato7 » Thu Aug 02, 2012 7:34 am

I am in Va and the CPS nazi's kidnapped my children in May. I found out yesterday at a hearing that my 25 yo daughter is filing for custody!?! I thought they were looking at a temporary placement. My best friend was reciently approved for foster care and she was going to file for custody of my young ones. She called from court service and said it wasn't a temporary placement that it was for custody and child support. Our parental rights have not been terminated and the goal is for the little ones to return home. Can my daughter get custody? She is active duty military and has 3 children of her own (one that is 2 weeks old). She and her husband are planning for a tour in Japan! Can she really take my little ones? How the hell is this legal!?!?!??!?!?!?!?!?

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: Desperate for an answer

Postby Eljay » Thu Aug 02, 2012 10:28 am

proudmommato7 wrote:I am in Va and the CPS nazi's kidnapped my children in May. I found out yesterday at a hearing that my 25 yo daughter is filing for custody!?! I thought they were looking at a temporary placement. My best friend was reciently approved for foster care and she was going to file for custody of my young ones. She called from court service and said it wasn't a temporary placement that it was for custody and child support. Our parental rights have not been terminated and the goal is for the little ones to return home. Can my daughter get custody? She is active duty military and has 3 children of her own (one that is 2 weeks old). She and her husband are planning for a tour in Japan! Can she really take my little ones? How the hell is this legal!?!?!??!?!?!?!?!?


If CPS kidnapped your children, they have LEGAL custody of them. Whoever has the children living with them will have PHYSICAL custody. This doesn't mean you're losing your children permanently. What sucks is that when you lose legal custody, you lose the right to decide what your kids do. The perspective of CPS is that you're incapable of making good parenting decisions, even such decisions as who your children should live with. You'd want your children with friends over family? There must be some rift between you and your daughter -- sorry to hear that, but do whatever you can to fix it. She's probably going to have your kids for the long haul.

There's a page with the code/law, if that helps: http://leg1.state.va.us/cgi-bin/legp504 ... C40-141-20
It looks like "temporary placement" is when it's a voluntary process done by the legal parent/guardian (i.e. if you were sending the kids to live with grandma for a year or a local guardian when kids are sent off to boarding school). Temporary placement also usually have a time frame and "expire" at a certain point, whereas custody issues are court ordered (and so, must be changed back/blessed be the courts).

If you really have a problem with them taking the kids out of the country, you may have some legal recourse to prevent that from happening. There are certain decisions you are supposed to maintain control over as the parents, but CPS is so VERY unconcerned with parent's rights that enforcing those rights can be a struggle for parents. Maybe call your lawyer to ask if you can ensure that kids do not leave the county/state/country for more than # days or at all. Please let us know what the answer/solution is.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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proudmommato7
Posts: 6
Joined: Wed Jun 27, 2012 2:00 pm

Re: Desperate for an answer

Postby proudmommato7 » Thu Aug 02, 2012 2:51 pm

Over the last year and a half I have had 2 surgeries and several other diagnosis . My 17 year old was living in the home with me and the three young ones. My husband and I were working through some issues, he was here a lot but not all the time. My Dr's had me on so many meds I couldn't function. My 17 year old went to DSS and told them I was on drugs (crack and marijuana) and the house was a mess. The house was a disaster, I was not on illegal drugs. I got a visit from CPS 2 days after I got the call telling me I had an inoperable brain stem tumor. Needless to say I was not in my right mind and told the lady to get lost. I asked them for a few weeks to absorb what was going on health wise with me. Well my three older girls (one of them the 25 yo)decided to go to DSS. They did an emergency removal on the basis that I told the worker I would do anything to protect my children. She twisted that to I would even kill them to keep CPS from taking them. (hello what planet are you from, protecting does not mean killing). The police stuck their foot in my door to prevent me from closing it, his foot was in my home without my consent. They had no court order to remove the children, I didn't even get a piece of paper telling me who to contact.Turns out my 25 yo daughter went to school with the punk worker that got assigned the case. They discussed my case on FB! She knew who the worker was and spoke to him before myself or my husband even had a name.
I have been hospitalized twice since then and they have gotten my meds straight and done further testing which revealed I do not have a brain tumor, the hospital got my record number crossed and called the wrong person. Further testing led to my correct diagnosis. I signed a release for them to get my records on June 1 and they still haven't gotten them. My husband and I have each passed 3 drug screens. My 25 yo daughter lives in another state. She has 3 children of her own, one that is a newborn and is active duty military. I have severe issues with her having them due to the fact that she took them for 3 days in march and after they came home went to the hospital for pre term labor because it was too much for her to handle. Her husband posted comments of FB stating it was the longest 3 days of his life and he was glad it was over. She yells at her now 5 yo and 3 yo like they are teenagers. We have weekly visitation that she will not be able to comply with. I am not angry with my older girls just very disappointed, they all knew I was sick and could barely walk. I have days when parts of my body go numb. My 17 yo was here everyday and only cleaned when her friends were coming over, throwing the laundry all over the basement stairs and tossing bags of trash in the basement. My girls decided that I wasn't really sick and that the only logical explaination was I was on drugs. I was very offended when they asked me to take the drug test the first time and a little scared because of all my meds. I took the test when my lawyer was present.


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