Emergency Hearing for Supervised Visitation

the counselor at the school is set up thru our local hospital's mental health facilities. they are hospital employees, not the school's. it was not set up thru the school's input, but thru the child's pediatrician. it takes place at the school as to not disrupt children's schedules or parents since the offices are located 30 miles away. the child was in counseling for several months, the counseling was just not taking place as it was prescribed. that is why he is meeting with the pediatrician to explore other avenues.
and yes , why "legally" this is not my "business", as a full time parent in the home helping raise and support this child, it affects our entire household and anything that affects this household is my business whether i get a legal say or not. my husband is not going to make any decisions impacting our home or family without discussing it with me. we have a God based marriage and while legally he has to be the one to take action, we discuss and make the decisions together. thank you for your time. my general question was, was the info provided enough for him to pursue supervised visitation for the child. obviously in your opinion it is not

- - - Updated - - -

t

Quote:

---

Quoting 1jessie1

---

the counselor at the school is set up thru our local hospital's mental health facilities. they are hospital employees, not the school's. it was not set up thru the school's input, but thru the child's pediatrician. it takes place at the school as to not disrupt children's schedules or parents since the offices are located 30 miles away. the child was in counseling for several months, the counseling was just not taking place as it was prescribed. that is why he is meeting with the pediatrician to explore other avenues.
and yes , why "legally" this is not my "business", as a full time parent in the home helping raise and support this child, it affects our entire household and anything that affects this household is my business whether i get a legal say or not. my husband is not going to make any decisions impacting our home or family without discussing it with me. we have a God based marriage and while legally he has to be the one to take action, we discuss and make the decisions together. thank you for your time. my general question was, was the info provided enough for him to pursue supervised visitation for the child. obviously in your opinion it is not

- - - Updated - - -

t

---

Its not in my opinion either, for what its worth.

ok thank you. we are just wanting the child taken care of and to feel safe when she is visiting and at this point she no longer feels so and it is concerning when a child is scared of a parent's anger being turned on them and when they say they are hungry and not being fed. thank yall for your time

If dad truly believes that his child is being treated as you claim, regardless of anyone's concerns, CPS should be notified immediately and to hell with any consequences. Failing to do so is not putting the child's welfare first, which is what should be happening.

CPS has been contacted twice. they state they cannot over ride the court order for visitation unless there is drug use in childs presence or she is being returned with marks on her body. CPS advised that my husband contact attorney for emergency hearing and have the CPS records subpeonaed as evidence in order to get supervised visitation. my husband and i were wondering if this and previous documentation of neglect and questionable morals would be effective for him to actually get supervised visits or if it would be disregarded since child's visits are so limited and this is not the child's customary lifestyle. child stated she no longer wanted to visit more than a weekend any more bc of it (child has never before claimed to want to stop or change visits until this happened). she even said she had rather it go back to being like before when her mother visited her at the grandmother's home. she said her grandmother did not engage when her mother started arguing and cussing so it was more peaceful and she felt less frightened of the anger being turned onto her.

- - - Updated - - -

CPS even asked if my husband was taking child to the next visit and he was uncertain..he did not want to bc of the claims but didnt want held in contempt. CPS was the ones who advised withholding visitation pending an emergency hearing and to let mother sue for contempt and told my husband to counter sue.

- - - Updated - - -

the mother ended up calling on the day she was supposed to pick child up and cancelled visitation. it was the assumption she cancelled due to CPS calling on her to do walk thru of the home and letting her know the report had been filed and a case was being launched

- - - Updated - - -

mother has a documented history of violence and aggression . and while this has not been turned on the child in the past, child has witnessed it on occasion with others and has seen it turned onto mother's other child. now child is scared of it being turned onto her

CPS advised him to stop visitation pending an emergency hearing and to countersue Mom?

Why do you think they didn't step in themselves? In such an "emergency"?

CPS cannot give legal advice. What type of documented history? was that ever brought in front of the court? If not, why not? And quite frankly DAD should be here. NOT YOU as you are NOT a party to this. Good grief. You just don't want to step back, do you?

yes the worker said if it were her, she would not take child to visit and to let the mother sue for contempt and then counter sue with the records. they said they could not step in and override the court ordered visitation unless there was actual marks on the child or drug use in her presence. she also said my husband could speak to attorney and try to get emergency hearing for supervised visits. she stated to ask for emergency hearing so that that hopefully court date would be set before next scheduled visitation if my husband were contemplating . thid was not their legal advice, it was suggested.

- - - Updated - - -

the documented history is in BOTH of her prior divorce decrees with her admittance of anger problems that have led to her acting out violently. DAD is working today and unavailable. as his WIFE AND PARTNER, I am helping him bc its my duty as a wife and mother to do all i can for my ENTIRE FAMILY. no, i will not step back from anything that affects my husband, our children or our home.

CPS did not give legal advice. the worker advised as to what she would do under the circumstances. my husbands attorney has been out of the office for 2 weeks bc he is also the county attorney and has had court dates so my husband has been unable to present this to him in order to get his opinion so thats why I am here seeking an opinion on the facts, not my legal rights or the such

- - - Updated - - -

im not asking in any shape, form or fashion to get legal advice on any rights for myself... however, put yourself in my shoes..if a child u consider as much as your own told you they were scared of someone's anger being turned on them and was not being fed and being hungry..would you not do all you could to try to help the child and protect them, whether they were "legally" yours or not?? especially since they had lived with you since they were 4 years old and you loved them as your own..u helped raise and support them, taught them morals and took them to church and guided them in a Godly manner, took them to school functions, doctor appointments, school shopping, etc etc etc u were the one who took off work and cared for em when they were sick, you held their hand and prayed each night with them...my legal rights is not the issue..i am doing all i can to protect my WHOLE FAMILY! family is not just a black and white issue..its shaded with gray and legal has nothing to do with bonding and care an support..i did not ask for legal advice for myself at no point..this affects my husband and a child we raise together so this is my concern no matter what a piece of paper states. legal words do not make a home or family

I don't think you're getting accurate information from CPS.

I do understand your concerns. I really do. You are, of course, a member of the household and yes, it's your family unit you're trying to protect. You can obviously tell that this is a hot-button issue, but it doesn't have to be.

Know what I'm saying?

The reality, as unfortunate as it may be, is that the legal system doesn't work on "ifs". It works on what has been documented. What that boils down to at the street level is that the court isn't prepared to act on what anyone thinks might happen, could happen, probably will or won't happen. It IS prepared to act when evidence is brough before the court that something has ACTUALLY happened. I understand how counter productive that sounds, and of course the first words out of any concerned parent's mouth is "does my child have to DIE before someone intervenes". The non-hysterical answer to that is "no". No, they don't. But there DOES have to be something that A) immediately and specifically involves the child and that B) has been documented to have ACTUALLY occurred. So, for example, mom had anger issues before the divorce, and dad is afraid mom's anger issues will boil over and impact the child. That's a valid concern. However, courts treat the right of a parent to access to their child with a respect higher than ANYTHING else within the legal system. That means that judges don't restrict or restructure a parent's access to their children without an INCREDIBLY apparant reason to do so. Not on what ifs, or what coulds. Has mom ACTUALLY physically abused the child, and where is that evidence?

So far all that's really here is the child reporting that they're hungry. I get hungry every day. See how little a court can do with that? And CPS has been involved. That means that people who are MANDATORY reporters of child abuse or neglect have put eyes on the child and have NOT opened a case of their own. That in and of itself is going to speak volumes to the court. Similarly, ANY professional licensed to work with children, such as at hospitals and schools, are ALSO mandatory reporters. Again, they've all seen the child. How many of them MADE a report that they had suspicion of abuse or neglect?

Quote:

---

mother has a documented history of violence and aggression . and while this has not been turned on the child in the past....

---

That's the crux of the issue. By your own version of events there is NO DOCUMENTED HISTORY of mother abusing the child in question. The court doesn't have a way to look into the future and apply a "what if", not when it comes to limiting parent/child contact, even supervision. Dad is certainly free to engage his attorney to ascertain if some relevant evidence can be culled from the situation, but going only on what you've told us, a judge is highly unlikely to order supervision.