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  1. #1
    Join Date
    Jul 2008
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    6

    Default What to Expect when DHS Takes Custody of Children for Failure to Protect

    My question involves child abuse or neglect in the State of: Arkansas

    I was recently notified by DHS that my daughter had been taken into custody and daughters mother may be charged with failure to protect and her current husband i believe was arrested but do not know the charges. Was wondering what to expect with the case. When should i expect to be able to obtain custody of my daughter. According to Arkansas i am not legally the father as they do not recognize the birth certificate to be legal father. Her mother and i were never married (one requirement for them recognizing me as father). The other problem is we never had custody/child support set by court so thus again still not recognized as father because of this. What is probability that mother could ever get custody back/visitation. Could she lose all parental rights? I have no clue what the penalties could be for this kind of charge.

    I also have another question as to obtaining my daughter. about 10 years ago I left a wife of 6 years due to alcoholism/drug problems. when doing so she tried to get me to stay by threatening to accuse me of hitting her. Which she did do and thus resulting in a misdemeanor charge of assault on her. No prior history of assault and no history of it after this charge. Could this keep me from getting my daughter?

    I have also expressed interest in keeping the siblings together as she had prior children from previous marriage. What would be the chances of this happening and who would probably stand a better chance of it, my ex's mother or myself? the other children are all under the age of 10 and i was with her for approximately 4 years and no one is able to locate their father and the last i heard he was probably moving to canada. Have no idea if he ever did or not though?

    One more thing that my complicate the issue is the fact that i do reside in another state. not far away but over state lines none the less.

    so any advice and how this may proceed or what steps i should take would be greatly appreciated. thank you

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,006

    Default Re: What to Expect when DHS Takes Custody of Children for Failure to Protect?

    The other problem is we never had custody/child support set by court so thus again still not recognized as father because of this.
    That could pose a large problem.
    What is probability that mother could ever get custody back/visitation.
    Magic 8-Ball says: Crystal Ball broken.

    No one here can answer this. You're asking us to predict the future based on...nothing. We have no idea what's going on over there. Whether she regains custody is highly situational.

    Could she lose all parental rights?
    Possibly, depending on the circumstance.

    If you're serious about getting custody of this little girl and possibly her siblings, you need to get yourself an attorney and do it NOW, before Grandma gets one and steps in ahead of you. You'll need to have paternity legally established and there are a host of other issues that need to be addressed by a pro with access to all the details.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  3. #3
    Join Date
    Jul 2008
    Posts
    6

    Default Re: What to Expect when DHS Takes Custody of Children for Failure to Protect?

    Quote Quoting LawResearcherMissy
    View Post
    That could pose a large problem.


    Magic 8-Ball says: Crystal Ball broken.

    No one here can answer this. You're asking us to predict the future based on...nothing. We have no idea what's going on over there. Whether she regains custody is highly situational.



    Possibly, depending on the circumstance.

    If you're serious about getting custody of this little girl and possibly her siblings, you need to get yourself an attorney and do it NOW, before Grandma gets one and steps in ahead of you. You'll need to have paternity legally established and there are a host of other issues that need to be addressed by a pro with access to all the details.
    lawresearcher, not looking for magic 8 ball answers. Just trying to figure out the severity of the charge as the general jist of the paragraph states. From what I am finding it sounds like a very severe charge. So trying to figure out is it always a stiff penalty, or can you get off easy on the charge. Is it a charge where children never get to go back to you on a permanent basis, or can you follow and accomplish goal set by dfs/dhs/cps and then get them back like nothing happened.

    ((((((((update))))))))))) custody should not be that big of an issue can do sworn statement in front of judge with her and i stating i am the father, which i do not expect her to deny. if she does however can do paternity testing to verify which may take longer but still produce same results.

    so again anyone having information relating to these charges or penalties for the charges or how outcomes tend to go please let me know

  4. #4
    panther10758 Guest

    Default Re: What to Expect when DHS Takes Custody of Children for Failure to Protect?

    You need paternity test not statements!

  5. #5
    Join Date
    Jul 2008
    Posts
    6

    Default Re: What to Expect when DHS Takes Custody of Children for Failure to Protect?

    panther, am interpreting this correctly to read that if i am voluntarily on the bc that will establish paternity and i should only need a test if i wish to rebut the paternity? and here is where i got the information from if you want to check it http://lawdigest.uslegal.com/paternity/general/6649/


    (b) The appearance of the name of the father, with his consent, on the certificate of birth, the social security account number of the alleged father filed, with his consent, with the Division of Vital Records of the Department of Health of this state pursuant to § 20-18-407, a certified copy of such certificate or records, on which the name of the alleged father was entered with his consent, from the vital records department of another state, or the registration of the father, with his consent, in the putative father registry of this state pursuant to § 20-18-702 shall constitute a prima facie case of establishment of paternity, and the burden of proof shall shift to the putative father to rebut such in a proceeding for paternity establishment.
    Title 9, SubTitle 2, Ch. 10, SubCh. 1, §9-10-108.

  6. #6
    Join Date
    Jul 2008
    Posts
    6

    Smile Re: What to Expect when DHS Takes Custody of Children for Failure to Protect?

    update..................paternity was established at the initial court hearing. Was told I could have temporary placement done of my daughter while we wait for the next court date. However, I seem to be waiting for the dhs dept to complete what is called an ICPC........Have not been able to find out much information about it and the caseworker handling it is very green.... I did however, find a link to a word document and a footnote in it stated

    "*The AR Supreme Court ruling (DHS vs. Rose Huff) indicated parent and relative placements were not subject to Arkansas ICPC. So, DHS did not process these placements as well as RTCs."

    After finding this footnote I have been unable to find any information in regards to the case. Just the statement by itself appears to indicate that perhaps the ICPC would not apply to placement with a paternal parent.

    Can anyone tell me about this case or how to find the case so I may review to see if in fact that is what it states?

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