Parental Rights Possibly being terminated Help!before this happens, Please!

[daboss533]

My daughter was placed in foster care due to her mother being arrested on drug charges. I was not notified that my daughter was in foster care. I found out that she was in foster care through the Child Support Office. I received a letter from the Child Support Office asking me to contact their office. When I got off work I went directly to the Child Support Office and they asked me if I was aware that the recipient of the child support had changed. I advised them that I did not know, that is when they told me that my daughter was in foster care and that is who the child support would be going to. I immediately went the next day and filed a petition for custody for my daughter. I was then told to contact foster care and I eventually found my daughters caseworker. I started having regular visitations with my daughter and was going to be a placement option for my daughter but after the background check came back I was told she could not be place with me. I have a barrier crime on my record. I was charged with 2 misdemeanor charges of assault and battery one against my ex-wife and one against my son. (I did not ever assault or batter my son, that is a lie that my ex-wife made up, but I did not fight it because I was young and dumb and didn't want to go through the courts). These charges were almost 10 years ago, they happened in 2002. I have taken the parenting class recommended by social services, and I have held the same job and stayed in the same residence for over 5 years. I have never been in any trouble since then and the caseworker agreed that I was truly a nurturing father. I was told by the case worker that there was a father that went through a similar issue with the barrier crime and he took a parenting capacity assessment and was awarded custody of his child. So my social worker said she would have me and my girlfriend take the parenting capacity assessment and if everything went ok, I would get custody of my daughter. She also said just in case there are any problems that I should have a relative file a petition for custody as well. My aunt and uncle have stepped forward and are willing to take custody of my daughter if I am unable to do so. Recently the caseworker was removed from the case because she had medical issues and now we have a new caseworker. The foster mom also expressed her desire to adopt my daughter but I do not feel that it is in the best interest of my daughter. I love my child and I am more that capable of taking care of her. I also have a 3 year old son living in my home that I have been taking care of since birth. That should be proof enough that there is no danger for my daughter to live with me. The problem is that the new caseworker and her supervisor which is the lead social worker said that I am not being considered as a placement option due to the barrier crime and the case worker called me yesterday and told me not to have my aunt and uncle file a petition for custody. Can they change everything that was originally put in the plan as far as the parenting capacity assessment? Is there any way that I can find out the exact case that the previous case worker was talking about where the father took the assessment and was granted custody? I was under the impression that foster care had to legally notify me that my child was being placed into foster care. I was told by the social worker that my child's mother refused to tell them who I was but they were able to find me to take out child support but not to notify me that she was in their care? What can I do to gain custody? Also the new case worker went to my daughter's mother and attempted to get her to sign over her rights, my daughter's mother refused and the caseworker and her supervisor told her that they will ask me to sign over my rights and that I will probably do it. She told them that I would never do it and she is right. If you have any further questions please feel free to ask. My criminal history does only consist of the 2 crimes listed above and there is no more to it than that. I am a great father and I just desperately want to have my child where she belongs.

 

[army judge]

You need to retain an attorney, ASAP.


You took a legal short cut a decade ago.


Don't do it again.



Speak to an attorney, and have him/her fight for you and your daughter's reunification!!!

 

[daboss533]

Thanks for the response, I have a court appointed attorney but she never returns my calls and i attempted to set up a meeting once and the person that answered the phone told me that she didn't have her appointment book in front of her so she couldn't tell me when she could set up an appointment. I guess I will keep trying to get in contact with her. I don't know how to make the lawyer do her job. She told me that she wasn't really my attorney but when we go to court and people ask her who she is she tells them she is my attorney. I am definitely learning my lesson now from not taking time to fight the charges. I was taking care of my sick father during the time i was suppose to be appearing in court and all my attention was on him. He unfortunately ended up passing away.

 

[army judge]

If this is important to you, hire an attorney.
Or, go to the "attorney's" office and wait until you can speak with her.
Or, write her a letter detailing your concerns asking her to contact you.

 

[bluemann33]

Try and find an attorney that will let you pay a little now and make payments on the rest. Your child is worth every penny you spend to fight for her. Good luck and hope all goes well.

 

[daboss533]

Thank You, I am going to call around and see if I can find an affordable lawyer because the one I have never says or does anything. I pray all goes well.