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Taking Custody Back From the Other Parent After Placement for a Safety Plan

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  • 12-13-2017, 08:39 AM
    qwaspolk69
    Re: Taking Custody Back From the Other Parent After Placement for a Safety Plan
    Quote:

    Quoting Auntmina14
    View Post
    Child protective services was called by my boyfriend because I was gone for two weeks and from my children as well and he called Child Protective Services to get help for me, not to have my children taken away and I'm also recovering drug addict that's why I was gone and he Had wanted to get help for me, so I went into their office they had me take a drug test and they told me since I did not pass my drug test that I had to find a place for my children to go and I chose their fathers and they are miserable there, he's very controlling he's already kicked my daughter out she is only 15 by the way. He had kicked her out and told me to come and get her because she was out of control so they're miserable and they're not happy there and they want to come home and so I want to go get them without their father knowing because he will want to fight with me and I don't want to cause a big scene I just want my kids to be happy that's all and they're not happy with him they're happy with me and nothing has been to court we have not been to court at all we were never married

    I don't think you can just get them without their father knowing. He's going to find out when the kids are gone and then, as you said, he will fight you "tooth and nail." So if you go in and take them all when he's at work or not home he will just go to court and file for custody. Then you will have a custody fight on your hands. There's probably going to be a scene. You're going to end up in court on this one.

    I think you need to go talk to a lawyer.
  • 12-13-2017, 09:09 AM
    Auntmina14
    Re: Taking Custody Back From the Other Parent After Placement for a Safety Plan
    That's what I have been thinking as well. I just have a bad feeling about it all. He's never really been in there life before so everyone says he won't do anything so I'm not sure.
  • 12-13-2017, 09:09 AM
    Mr. Knowitall
    Re: Taking Custody Back From the Other Parent After Placement for a Safety Plan
    If the children have been in Louisiana for six months or longer, and dad chooses to litigate custody (and, if necessary, paternity) in Louisiana, then you can expect that the litigation will occur in Louisiana. He can try to litigate in Louisiana even if the children have been there for less than six months, and certainly would have grounds to seek emergency jurisdiction if you were to swoop in and snatch the kids without notice to him. Frankly, pulling minor children out of school in the middle of a school year with no prior discussion with the other parent is not the sort of action that would please a custody court, even if you didn't have the additional baggage from the period of abandonment, CPS intervention and drug use.

    Tread carefully.
  • 12-13-2017, 09:13 AM
    Auntmina14
    Re: Taking Custody Back From the Other Parent After Placement for a Safety Plan
    Yes I understand that. My kids are just very persistent on leaving and they are miserable. The end of school year was my first choice but they are ready to leave asap. Thanks for the help
  • 12-13-2017, 09:14 AM
    Mark47n
    Re: Taking Custody Back From the Other Parent After Placement for a Safety Plan
    Perhaps I missed it but id dad on the birth certificate? You say that paternity hasn't been established but if he's on the birth certificate then paternity, legally, is likely established. If he's not on the birth certificate AND there has not been a paternity action how is it that DCFS came to send the children to him? It would be unusual for a state agency such as DCFS to send children out of state to a non legal parent.
  • 12-13-2017, 09:14 AM
    llworking
    Re: Taking Custody Back From the Other Parent After Placement for a Safety Plan
    Quote:

    Quoting Mr. Knowitall
    View Post
    If the children have been in Louisiana for six months or longer, and dad chooses to litigate custody (and, if necessary, paternity) in Louisiana, then you can expect that the litigation will occur in Louisiana. He can try to litigate in Louisiana even if the children have been there for less than six months, and certainly would have grounds to seek emergency jurisdiction if you were to swoop in and snatch the kids without notice to him. Frankly, pulling minor children out of school in the middle of a school year with no prior discussion with the other parent is not the sort of action that would please a custody court, even if you didn't have the additional baggage from the period of abandonment, CPS intervention and drug use.

    Tread carefully.

    I agree...it does appears that DCFS did not place the children with dad, and therefore dad certainly could claim that Louisiana had jurisdiction and make it stick. It does sound though like she needs to go pick up the 15 year old anyway, since dad has kicked her out.
  • 12-13-2017, 10:21 AM
    Dogmatique
    Re: Taking Custody Back From the Other Parent After Placement for a Safety Plan
    Quote:

    Quoting Auntmina14
    View Post
    Yes I understand that. My kids are just very persistent on leaving and they are miserable. The end of school year was my first choice but they are ready to leave asap. Thanks for the help

    If you take the children and they then decide that they're miserable with you and they want to go back to Dad's ... you'd be okay with that, yes?

    It would be colossally stupid of you to simply pick up the kids without telling Dad BEFORE you do so. Don't make that mistake because it will likely torpedo any hope you have of retaining any sort of custody.
  • 12-13-2017, 01:18 PM
    Mercy&Grace
    Re: Taking Custody Back From the Other Parent After Placement for a Safety Plan
    How do you know what 15 yr old is telling you is the truth ? Teenagers tend to be dramatic. They often lie to get what they want. You need to consider all possibilities. And not just what your teenager tells you.
  • 12-13-2017, 01:32 PM
    Auntmina14
    Re: Taking Custody Back From the Other Parent After Placement for a Safety Plan
    There father called me and text me he told me he didn't want her there.
  • 12-13-2017, 02:13 PM
    llworking
    Re: Taking Custody Back From the Other Parent After Placement for a Safety Plan
    Quote:

    Quoting Mercy&Grace
    View Post
    How do you know what 15 yr old is telling you is the truth ? Teenagers tend to be dramatic. They often lie to get what they want. You need to consider all possibilities. And not just what your teenager tells you.

    It's dad that told her that.
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