Trying to Regain Custody of Children Placed in Family Member's Care
My question involves a child custody case from the State of: Louisiana
What steps do I need to take to try to get my case in front of a judge? The children were removed by false means and I have cooperated in every manner in order to have them returned. My lawyer says the paperwork has been filed, but I still have no court date.
What steps can I take to ensure that I get a court date before too much more time elapses?
Re: Trying to Regain Custody of Children Placed in Family Member's Care
Re: Trying to Regain Custody of Children Placed in Family Member's Care
I'm not so sure the attorney is being completely up-front on this. I understand it does take time but I don't feel that it should take years to get a court date, nor do I feel that patience is my best option. I just need to know what the typical time frame and procedure is so that I can better weigh my options and be better prepared.
Re: Trying to Regain Custody of Children Placed in Family Member's Care
There is no "typical" time frame. Depending on your exact circumstances it can be months or years before it's over.
How about you give us more details?
Re: Trying to Regain Custody of Children Placed in Family Member's Care
I don't think patience is a good option in child custody cases either. You may want to try a free consultation with another family law attorney and ask for his/her advice. Just let them know you don't want to say anything bad about the first attorney, (and you don't expect them to either) but ask them what the general time frame is in cases like this, and what happens if it takes months or years to get in front of a judge. Ask them if there's anything you can do to speed the process up.
Re: Trying to Regain Custody of Children Placed in Family Member's Care
My children were removed several years ago pending an investigation into my husband. I was not involved in this, but it was conveyed that unless I made untrue statements about my spouse, that I would not get the kids back. Unfortunately I thought it was a ploy until I was also accused and subsequently arrested. The charges have since been dropped, but I still don't have my children. I haven't seen or spoken to the children in years even though I continue paying child support and insurance. I'm told that I have to be patient and respect the guardian's wishes even though this person is the one who made the complaint against my family in the beginning. What advise can you give me in this situation, if any?
Re: Trying to Regain Custody of Children Placed in Family Member's Care
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Quoting
annett
What steps can I take to ensure that I get a court date before too much more time elapses?
As you've already been told, you need to discuss that with your lawyer.
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Quoting
annett
I'm not so sure the attorney is being completely up-front on this.
If you don't believe that your lawyer is adequately representing you, it is sensible to discuss your concerns with your lawyer. If you cannot resolve your concerns, hire a different lawyer.
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Quoting annett
I just need to know what the typical time frame and procedure is so that I can better weigh my options and be better prepared.
As we do not know the procedural status of the case or your motion, all we can do is again advise you to talk to your lawyer.
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Quoting
annett
My children were removed several years ago pending an investigation into my husband. I was not involved in this, but it was conveyed that unless I made untrue statements about my spouse, that I would not get the kids back.
I'm not clear here on whether you made false statements implicating your spouse, or if you refused to do so and the state removed the children from you on a "failure to protect" theory.
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Quoting annett
Unfortunately I thought it was a ploy until I was also accused and subsequently arrested.
Again, we lack context.
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Quoting annett
The charges have since been dropped, but I still don't have my children.
The charges were dropped against you? How about your husband? How long ago were the charges dropped?
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Quoting annett
I haven't seen or spoken to the children in years even though I continue paying child support and insurance.
Surely over the past few years you have requested visitation - why did the court deny your requests? It's highly unusual for a court to place children outside of the home and then deny visitation to the parent, even in the context of of child protective proceedings.
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Quoting annett
I'm told that I have to be patient and respect the guardian's wishes even though this person is the one who made the complaint against my family in the beginning.
Who is telling you that, and on what rationale?
Re: Trying to Regain Custody of Children Placed in Family Member's Care
My lawyer is the one giving me of this advise. I'm not sure if its because of his expanding caseload or some other reason that eludes me why I am suddenly seeming to get bad advise. My charges were dropped nearly a year ago and I can't seem to get anywhere with the courts. In the very beginning I did have visitation, but the guardian complained that I was harassing her so the courts cut off the visitation. These statements were of course untrue, but no one would listen. Because she has painted me in a not so favorable light, I have been subjected to all sorts of embarrassing tests. No matter what the outcome, I've always been told to do exactly what these authority figures tell me and be patient. I've been respectful to these people and they tell me that nothing I'm doing is wrong, so why do they refuse to give back my children when even by their standards I'm a model parent?
Re: Trying to Regain Custody of Children Placed in Family Member's Care
The guardian complained and the courts removed visitation - without proof?
Did you (it's okay - it's not to be judged, but it's important that you're honest) actually harass the guardian?
If you were deemed a model parent, you wouldn't be here. If your attorney isn't acting in your best interests, it's time to start interviewing other attorneys.
Re: Trying to Regain Custody of Children Placed in Family Member's Care
Perhaps you missed the following? Please respond.
[QUOTE=Mr. Knowitall;640023]I'm not clear here on whether you made false statements implicating your spouse, or if you refused to do so and the state removed the children from you on a "failure to protect" theory.
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Quoting Mr. Knowitall
The charges were dropped against you? How about your husband? How long ago were the charges dropped?
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Quoting Mr. Knowitall
Surely over the past few years you have requested visitation - why did the court deny your requests?
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Quoting Mr. Knowitall
Who is telling you that [you have to defer to the guardian], and on what rationale?
In terms of your new comments....
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Quoting
annett
In the very beginning I did have visitation, but the guardian complained that I was harassing her so the courts cut off the visitation.
An accusation of "harassment" is awfully vague. It's reasonable to infer that the court found the allegations to be substantiated. Still, why no supervised visitation at a neutral location?
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Quoting annett
These statements were of course untrue, but no one would listen.
You mean, nobody believed you. We're not in a position to comment, as we know none of the details.
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Quoting annett
Because she has painted me in a not so favorable light, I have been subjected to all sorts of embarrassing tests.
We're not in a position to comment, as we know none of the details.
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Quoting annett
I've been respectful to these people and they tell me that nothing I'm doing is wrong, so why do they refuse to give back my children when even by their standards I'm a model parent?
I think it's reasonable to infer at this point that my inferences were correct - your spouse/partner committed serious acts of abuse against one or more of the children, you were charged either as a participant in some of the acts or under a "failure to protect" theory and, although the charges against you were apparently dropped, your conduct as related to the court has left the court with the impression that it would be harmful to the children to presently have visitation with you. Even supervised visitation at a neutral location, psychologist's office or protective services facility.
As I previously indicated, it is exceptional for a court to suspend all contact between a child under its jurisdiction and a parent, so it's reasonable to infer that the "harassment" allegations against you involved some serious misconduct and were believed by the court. That's likely also why your lawyer is urging patience, although again we lack the details to comment.
As Dogmatique suggests, if you don't like your lawyer's advice you should consider retaining a different lawyer. But we don't have enough information to assess that advice, let alone to second-guess it.
Re: Trying to Regain Custody of Children Placed in Family Member's Care
You would be right to assume that these were serious charges that were brought against my husband. I was told that there wasn't any proof towards these accusations, and I myself never believed what this person was accusing him of. In the beginning I wasn't charged with anything but the authorities still removed the children. I assumed this would all be sorted out once they realized their mistake, but unfortunately several months later they decided to accuse me as an accessory - this was also the day that the courts had finally decided to give me back custody of the children. I was subsequently arrested the following day and have been fighting to get that original custody decision to be carried out. My husband was given bad advise regretfully and he decided to plead to try to help return the children to me (another empty promise that no one will own up to). I have been dragged back and forth to court for everything from child support supposedly not being enough (the guardian's notion) to not having health insurance (a completely untrue statement again from the guardian). My lawyer rarely has anything to say about the constant bombardment these days and it makes me wonder about the cold shoulder that I am recieving. Am I just being paranoid where he is concerned or do I need to be cautious?