Mother is a meth head, but bio father not given custody

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mgregg329

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This is quite a long story but I'll try to keep it as short as possible.
The mother and stepfather of my stepkids were arrested in March for operating a meth/clandestine lab in their home where 4 kids resided, in West Virginia. CPS took custody of the kids and placed them with the mother's sister because as the mother was being arrested she told CPS that the children's biological father had an ongoing drug problem and was very violent. Over the past 6 months, the bio father has proven this to be false by subjecting himself to weekly random drug tests and a psychological exam. CPS states that the reason the children were place with the aunt is because the kids did not have a relationship with the father. In all senses, this is true. For 7 years the mother would deny visitation and move every time we found out where they lived. The no visitation was brought up in court and nothing ever changed. The Ohio courts (where the initial divorce/custody decree was issued) did not push nor charge the mother with contempt. The mother and stepfather are only supposed to see the kids on Sunday then one evening per week. The bio father is supposed to get overnight visits every weekend, however the mother and aunt have told the kids that if they get comfortable at their bio dad's, then they will never see the mother again. The kids are being fed, but the aunt denies all of these allegations. She has pushed for child support from the father but not on the mother or the stepfather, who is the biofather of the youngest child.
CPS has visited the bio father's house and approved it, he continues to be subjected to weekly random drug screens and parenting classes. The courts are now saying that custody will be returned to the mother. Her and the stepfather both took a plea for probation only. The bio father's visits have stopped, the kids no longer "want" to come over.
The bio father wants the children removed from the aunt's house in order to get a fair hand on the visitation without people filling the kids heads with stuff. His attorney agrees, but CPS and the aunt deny this and CPS is siding with the aunt. As a matter of fact, one of the CPS workers sat behind the bio father in court and whispered "liar" in his ear every time the judge asked him a question.
Should the bio father have gotten emergency custody after proving the mother's claims untrue? It is 7 months later and he is still not receiving visits and they are not being enforced.
 
If the court has ordered visitation for the father, what has he done when that visitation has been refused?
Has local law enforcement been asked to help enforce the court order? Has he returned to the court for help? Apparently he has an attorney already, what has the attorney said about the denied visitation?
Is the father in Ohio but the kids are in West Virginia?
 
The problem I'm seeing is this:

Dad hasn't spent much time with them at all and the usual goal of CPS is to eventually reunite the child/ren with the primary parent whenever possible.

I can actually understand their point on this one.
 
In the past, law enforcement has been called in to assist, however they would only tell him to take it back to court. We used to live in Ohio until CPS told us if we lived in WV he would get custody, at least temporarily, because the kids were now in states custody and couldn't leave the state - so we bought a house in WV. After the first few attempts of visitation in the past, the mother moved without notification except to child support, who could not give out her information. The courts only told her that it would be best for the children to see their father - she then told the court they weren't his. Paternity was established. However, she would meet us around Christmas and tax time and let us take the kids for the day, including the youngest child. The OH courts still did not enforce. (He did not have an attorney at this time). The attorney was actually the one who brought up the motion to have them removed from the aunt's home. He has all the evidence of denied visitation and of when we actually did get to see them.
 
Your only resolution is in court! This is not a matter Police will deal with. The only way to resolve this is to take it to court
 
The bio father has time and time again attempted to see the children. The mother has admitted that she has kept the kids away from the bio dad every chance she could because the stepfather has "retarded thoughts". This was sent in a text message to our cell phone - which our attorney has copies of. I also understand that it is the goal to return the children to the primary parent, however - we were told by CPS that we would get the children temporarily until the criminal charges were handled. The bio dad is being denied his parental rights, which are supposed to stand in any situation unless proven unfit to be a parent - which he has not.
 
You're wrong. Dad doesn't have to be proven unfit. Best interest is key at the moment.
 
How is it best interest to let the kids live in a house totaling 8 kids and 3 adults? We dropped the kids off there one evening and the house smelled of marijuana. There have been two fatal shootings in the past 3 months in that neighborhood as well. I also forgot to mention that the 4 kids in question know how to manufacture meth. Youngest is 8 and oldest is 13. I understand that the aunt was the only place at the time. The attorney has stated that he may be suing the state for denial of parental rights.
 
Suing the state? I'd get a different attorney if I were Dad.

Look. There's no need to add salacious details. If they were that important, they would've been considered right at the start.
 
Your only resolution is in court! This is not a matter Police will deal with. The only way to resolve this is to take it to court

Sometimes, if a parent produces a court order and there is a clear violation, law enforcement can help to get the parents to follow the order.
If a parent refuses then it could generate a police report and charges against the non compliant parent for violating the order.
This would not be good for the non compliant parent when it does get back to the family court.
Most often, at least in my experience, when parents call police for help they are not prepared and do not have the court order to show. Sometimes when they do produce the order the alleged violation is not clear or it is determined that the parents willingly deviated from the order. In these type of instances they are referred to the court for action, but there certainly are ways that police can help.
 
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