Child kidnapped by non-custodial parent againg a PO

[lostwithouthelp]

I have custody of children since their birth. Left my husband because of abuse; stalking. violation of restaining orders, shot me in the head,broke into my parents home, shot up my parents home etc.. He went to there school and took them. During the 2 years he has had them they have been removed from his home 3 times by CPS. Custody given to sister who gave them back to him, then another sister, and then his mother each time they(his family). gave the kids back to him and he would move to another county. I just found them went to court got another RO for me and the children went to the county sheriffs dept. where they were and asked them to go get my children. Long story short CPS took my children 14 days ago and will not let me talk to them and has only given me one 2 hours visatation day before yesterday. I have a meeting with the SW supervisor tomorrow because they have no cause to keep them. I have always taken care and protected my children. The SW has been rude, and unapproachable. He lives in a very small town and I think the SW knows his sister because of her own CPS cases and therefore siding with them. Can I just ask the supervisor to release my children to me tomorrow at the meeting? They have nothing against me. Also the day they were taken to CPS my mother called and requested custody so they wouldn't stay in foster care. She doesn't even have a parking ticket against her. And they have done nothing to respond to her request.

 

[Proserpina]

There's obviously a lot missing, but some questions first.

CPS have not removed the children permanently from him after he SHOT you in the head?

What happened between then and you getting another RO? Did you file for emergency custody? Under whose care were the children, legally?

 

[army judge]

I have custody of children since their birth. Left my husband because of abuse; stalking. violation of restaining orders, shot me in the head,broke into my parents home, shot up my parents home etc.. He went to there school and took them. During the 2 years he has had them they have been removed from his home 3 times by CPS. Custody given to sister who gave them back to him, then another sister, and then his mother each time they(his family). gave the kids back to him and he would move to another county. I just found them went to court got another RO for me and the children went to the county sheriffs dept. where they were and asked them to go get my children. Long story short CPS took my children 14 days ago and will not let me talk to them and has only given me one 2 hours visatation day before yesterday. I have a meeting with the SW supervisor tomorrow because they have no cause to keep them. I have always taken care and protected my children. The SW has been rude, and unapproachable. He lives in a very small town and I think the SW knows his sister because of her own CPS cases and therefore siding with them. Can I just ask the supervisor to release my children to me tomorrow at the meeting? They have nothing against me. Also the day they were taken to CPS my mother called and requested custody so they wouldn't stay in foster care. She doesn't even have a parking ticket against her. And they have done nothing to respond to her request.

Before I begin, you reveal YOU LEFT the father of your children.
Does that mean you're still married?
If you are still HUSBAND AND WIFE, I can understand how you've ended up in this barrel of sour pickles. You and dad are equal before the law.

If you've been divorced, what was said about custody in your FINAL divorce decree?

You need a lawyer. People can give you answers, those are just words.

Go hire a lawyer. Whatever you've been doing doesn't seem to be working. Maybe a lawyer won't work, either. Nothing is preventing you from talking to a lawyer.

Most lawyers will meet with you the first time for no fee or future obligation.

You can be prepared to ask six or seven questions and take notes.

The press and media might listen to you, your local elected state officials could possibly help or give you guidance.

Reach out to local or nearby women's groups that advocate against violence on women and children.

Churches and religious groups might help women in your position.

again, your job, find them.

There are resources, you have to find them.

Even if someone gave you a list of instructions, nothing has the potential to change unless you hire a lawyer.
Maybe a lawyer will fail, too. If he or she does, nothing will ever fix this. Good luck.

 

[lostwithouthelp]

Yes it happen in the state of GA I have all court docs. giving me custody and RO. Moved to CA and he found us and took them from school. Been looking for them found them took RO to sheriffs dept and when they went to p/u children he had a custody order. They were stolen from me almost 2 years ago. CPS was called and now my children are in foster care.

 

[Proserpina]

I'm sorry, it's still unclear - who has the most recent custody order and from which state? I think I know what's happening, but I would like confirmation first please.

 

[army judge]

Yes it happen in the state of GA I have all court docs. giving me custody and RO. Moved to CA and he found us and took them from school. Been looking for them found them took RO to sheriffs dept and when they went to p/u children he had a custody order. They were stolen from me almost 2 years ago. CPS was called and now my children are in foster care.

Did you get the court's permission BEFORE you relocated to CA?
If you didn't, that's how things got off track.
That's what allowed dad to get another custody order
Now you really need a lawyer.
This was civil.
It could end up being criminal.
You didn't lose the kids, but you might lose your freedom.
Your GA order was valid in GA.
When you scooted to CA, that probably caused you a problem.
Tell us what the GA order instructed you not to do, please.

I suspected things went down like you've revealed.
Okay, Pro can help you now.
But, please don't leave anything out, good, bad, or indifferent.

It would help if you gave an approximate year and month for each event.
Bullet points will do.
Here's a sample:

May, 1901 - requested custody order in Alabama
July, 1902 - I got custody of kids, dad gets weekends every two weeks (I'm not allowed to leave Mobile County)
June, 1903 - Kids and I moved to NY for my new job
Etc etc etc

 

[lostwithouthelp]

Both husband and I were born and raised in CA. Moving to GA was one of the tactics he used to keep me from my family. Didn't work my dad and mom moved to GA to be closer to the kids and I. After he shot me in the head he fled back to CA to avoid jail time. Since he was gone never followed through on prosecution. I pretty much just let everything go. Never had the money for divorce and he had left the state and didn't contact us for 7 years. My grandfather got sick 3 years ago and my parents had to return to CA to care for him and we came back with them. He always knew where we were but was too busy abusing other women to worry about us. For whatever reason he decided he wanted to start contacting me again a year after we got back to CA. I went to court got new RO in CA and filed for divorce. Soon after he took the kids. My 3 year old didn't even know him. He left when he was 2 weeks old. This has been a really big eye opener and I am finding my voice and not going to let things just go. Just hope it's not too late for my children. UPDATE-Met with CPS today there have been numerous reports of him abusing the kids and being in a violent household and they have been removed several times from him. They are aware of his track record but say since he has custody papers filed after he kidnapped them they have put the kids in foster care to protect them from him. If they give my mom custody prior to the court hearing they will have to offer 50% of the time to his mom and she will give them to him and he will flee again. They would like the kids to relax a little be in a loving home so they will start to open up and tell them what has been going on. It sounded like they do have the kids best interest and they understand how bad I want them back now that I have found them they just want to make sure the judge gives me the custody. It does sound logical just hope I can trust what they are saying. Never have had any dealings with CPS before hope they are being honest with me.

 

[Proserpina]

You need - you NEED - an attorney. Now.

There are NO LAWS saying that giving custody to your Mom means they must also offer some sort of custody to HIS Mom.

Still, I do not think we're getting all of the relevant details....so that's really the only advice we can offer.

 

[lostwithouthelp]

They said it is a dentition hearing they have to give equal access to both sides. They said they can't even give me a phone number so I could speak with them because then they would have to do the same for him. And they really don't want the kids talking to him. He hasn't even asked for visitation. I tried to give as much information as possible. I do appreciate your advice. Thank you.