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How to Regain Custody After a Protective Services Removal Following a Homicide

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  • 06-10-2018, 07:00 PM
    JenniferLee78
    How to Regain Custody After a Protective Services Removal Following a Homicide
    My question involves a child custody case from the State of: Oklahoma.

    My ex filled an emergency PO and retracted her allegations 4 months later, citing her actions were done out of anger for me wanting divorce. When she filed the PO initially my kids were kept from me and I didn't get to see them. I went down a really dark place inside. Made some stupid choices and for a short time, dabbled in drugs. In our divorce decree, she got sole custody and I got visitations rights after I passed 2 consecutive drug tests. Everything was left up to her descretion. She ended up moving 2 hours away, but I still saw them every visitation I got and she just started giving me overnight visits on weekends. July 20, 2017, the unthinkable, she was murdered during home invasion.

    Oldest son was shot and younger son hid in closet. They wouldn't let me see son in hospital AT ALL. I guess I was a suspect. A month later they found the 14 year old kid that did it, his intentions were to kill my son. DHS made my kids a ward of the state. Took all my rights away, brought up the PO and everything else from divorce case. I decided to do what I had to, to get my kids back. They are staying with a sister of hers and I have done EVERY SINGLE THING THEY ASKED in the service plan its almost a year later and I still get 2 hour supervised visits with youngest son, oldest doesn't want to do anything with me. They haven't put us thru family counseling or anything to help bring us together.

    Reunification is what they call it and they aren't helping at all. I've submitted hair follicle test, anything and everything. My downfall is I don't have a lawyer. Can't afford one. The court assigned public defender. He is good for holding my hand to show me where to sign kids away. There are so many aspects to this case that I feel I have ground for a civil law suit. I'm not being treated how their policies and "standards" say they treat parents. I think some major federal laws have been ignored. Any advice would be GREATLY APPRECIATED. Thank YOU
  • 06-11-2018, 07:28 AM
    Mr. Knowitall
    Re: How to Regain Custody After a Protective Services Removal Following a Homicide
    You chose the username of "Jennifer Lee" -- so might there be gay marriage or transgender issues that are affecting the court's perception of the case, or are you posting this question for somebody else? If the latter, I suggest having that person open an account.

    Initial concerns at the hospital may be understandable, but it is clear from news accounts that the husband was cleared as a suspect early in the investigation.

    Unfortunately we lack any information that we would need to do more than suggest a more thorough review of your case by a lawyer in your state. If in fact you have fully complied with the reunification plan, and your full compliance is not questioned by protective services or the court, it is not clear why you would still be restricted to occasional supervised visits with only one of your children.
  • 06-11-2018, 08:58 AM
    JenniferLee78
    Re: How to Regain Custody After a Protective Services Removal Following a Homicide
    Thank you for responding to my post. I am using my girlfriends account, I will make my own account shortly. In the mean time...
    A little more info maybe to help get some insight or opinions?

    This happened in July and I didn't get to even see youngest until November and oldest was this past January. I get a phone call every other week. All of their trauma counseling has included bridge parents (her sis and bro in law) and hasn't included me at all. In fact they haven't been allowed to be around ANY extended family (grandma - or any aunts uncle or cousins). This sis and bro in law that have temp physical custody, my ex was estranged with until recent times.

    Every second that goes by without anything being done to reunify my son and i, so he could get past some issues that were there between us even before the homicide is very detrimental to our relationship. I just can't help but feel DHS has really hurt this healing process. I think family counseling would be the MOST important above all else. These boys have been thru so much, I would think they would want the boys to be around family and loved ones? Do you think I might have some legal recourse here? After the team meeting last week, DHS said at court this month they will be saying if they recommend me for permanent placement!!! Isn't this what I did all the assessments and personal counseling, self help meetings, weekly random drug tests etc etc for?

    Note: the divorce happened only 3 years ago. Incase I painted the situation differently, important to know that before this happened in 2015, I never went a day without seeing my boys.

    Thanks again
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