Child in Need of Care Custody Proceedings

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

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My 3 old son was released to me Father however remains in dcf custody. Once child in need of care case is over will he remain in my custody or can mother file for custody. There is no previous custody orders in place.

Mother can file, yes. Generally the goal of DCF/CPS is reunification - meaning the child will be reunited with his/her primary caregiver (in this case Mom). Having said that, there's also nothing stopping you - Father - from filing for custody.

Would I stand a chance to get joint residential custody

All else being equal, I see no reason why you couldn't actually request residential custody.

Update Court has approved Permanency Goal to reintegration with Father (me) and Case plan Goal has been updated to maintain Children in fathers Home
Will this make a diffrence

Yes. It means the court WANTS the child to remain with you rather than return to mom.

Bio Mom has since hired an attorney and has challenged DCF decision to place child in my home in my care. 4 months have gone by. I am told everyone except her and her attorney are standing by the decision originally made.
Is there anything she can do at this point. Custody has not been resolved as of yet as child remains in dcf custody for another 60 days at which time will be released as no further incidents that warrant involvement and social worker has deemed family as stable and no further involvement necessary

4 months later? The longer this takes, the more likely it becomes that he'll stay with you. This is an initial custody determination so you don't need to show a change of circumstance (which you'd have anyway), and you already have a HUGE advantage in that the court clearly supports you being the custodial parent.

I would be terrifically disappointed if Mom somehow manages to get him back.

Do you have an attorney though? What's the basis of Mom fighting this? (It's entirely possible that the attorney will fight because it's a paycheck - even though he should realize that it's incredibly unlikely to work)

Yes I have retained an attorney in the case.
Mom and attorney fighting states mom was primary care giver prior to child being removed from home.
She did have temporary custody at that time. Child in out of home placement for 1 year. during which time divorce was finalized and minor child custody in decree states will be decided at end of child in need of care case.
Mom had difficulty finding housing completing case plan etc.
permanency goal court approved was with me the father. and that was four month ago when he was placed in my home and has remained since.
Thank you for information and your time

Had Case Plan today final one prior to what will be hopefully last court date. in a few months.
Bio mom was not in attendance not sure if this would work in my benefit or not.

If she hasn't attended and there's no reason for not attending, that does send a very clear message to the court.

Please let us know how it's going!

Sounds like she wanted child to obtain free or reduced housing and now has solved that.

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Quoting mdemt24

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Yes I have retained an attorney in the case.
Mom and attorney fighting states mom was primary care giver prior to child being removed from home.

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Wait, what?

They're trying to use that? Are they thick? She had the child removed from her care ... are they wanting to rewrite history or something? More to the point, do they think the Court will just ignore it all? "Yeah, you know what? Let's give custody to the parent who shouldn't have custody of anything more sophisticated than a carrot because Mom is wearing lovely shoes today".

Colour me curious.

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She did have temporary custody at that time. Child in out of home placement for 1 year. during which time divorce was finalized and minor child custody in decree states will be decided at end of child in need of care case.
Mom had difficulty finding housing completing case plan etc.
permanency goal court approved was with me the father. and that was four month ago when he was placed in my home and has remained since.
Thank you for information and your time

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