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  1. #1
    Join Date
    Dec 2012
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    3

    Default How to Get Temporary Custody While Residental Partent is Detained

    My question involves a child custody case from the State of: Kansas (Mother & Child's state) & Colorado (Father's state)

    Parents have joint custody with the mother having primary residental. Mother was arrested for drug use and related charges while child was in her care. She is expect to be detained for atleast 60 days with a treatment plan following. Child was placed in a care of the state (Kansas) who placed physical care of the child with the mother's sister. Father found out about arrest 3 days after it was made and contacted the state agreeing to a drug test in order to take custody of the child. Father drove to Kansas to complete the test and get the child. Upon arival the father was told by the department of human services that his rights had been removed because the mother 'stated' that the father continues to use drugs and because a friend of the fathers was arrested on drug charges. (paper work states as such). Father was not alloud to see the child or complete any drug testing showing that he was in fact drug free. He has used drugs in the past but is currently drug free, employeed, and has a home with suitable child care, as well a local support system, What steps can he take to get his child back? His child is his primary concern in this situation. Would it be advisable for him to move back to Kansas to obtain custody or stay in Colorado where his job, support system (family), and home is?

  2. #2
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: How to Get Temporary Custody While Residental Partent is Detained

    I hate to keep saying this because it's not true in all cases, but I would advise dad to get an attorney in the state where his child is.
    When was the last time he spent time with the child?

  3. #3
    Join Date
    Dec 2012
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    3

    Default Re: How to Get Temporary Custody While Residental Partent is Detained

    He had his son (1yr) his brother (3yrs) (the mother said he couldn't see his son unless he took both and since he has raised them both he gladly took both of them) for 2 weeks this last month. He can't afford an attorney as his child support takes most of his income but the state (Kansas) is supposed to be appointing him one. I am his cousin and have gone through my own custody case with out a lawyer and came out ok (primary care with no visitation for the father....don't like to say won because I don't really think custody cases are about winning or loosing ... and I wasn't out to take his visitation away just keep her safe). That said my case was in Colorado with both parents resident of the state. I have advised him he needs a lawyer but trying to give him some confidence that it isn't only the mothers that can get custody and some steps in the right direction while finding a way to obtain a lawyer. In this case the mother has failed several drug test and was caught selling in the presence of the children but he is being told (by child protective services) that she will most likely get both his son and her other son back as soon as she gets at of jail. I read the papers from the state and it very clearly states that the reason he was denied his son is because the mother (the one in jail) 'said' that he did drugs and his friend's wife was arrested and is a known drug user. They wouldn't allow him to take a drug test. That just doesn't seem right to me. He doesn't want to give up but doesn't feel he has a a chance and he is worried about both boys.

  4. #4
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: How to Get Temporary Custody While Residental Partent is Detained

    He stands a very good chance, but if they won't even let him prove that he is fit (and drug free) he needs an attorney at this point. CPS does not have control over what the courts decide. (although they can give their opinions.)

  5. #5
    Join Date
    Dec 2012
    Posts
    3

    Default Re: How to Get Temporary Custody While Residental Partent is Detained

    That is what I thought. CPS told him they removed his parental rights...Can they even do that with out a court order?

  6. #6
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: How to Get Temporary Custody While Residental Partent is Detained

    Absolutely not. There may however, have been a court hearing he was not made aware of, if the ex lied and said she did not know how to contact him. He needs someone on his side who knows the law, and the people in that county.

  7. #7
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: How to Get Temporary Custody While Residental Partent is Detained

    Quote Quoting amathies
    View Post
    He had his son (1yr) his brother (3yrs) (the mother said he couldn't see his son unless he took both and since he has raised them both he gladly took both of them) for 2 weeks this last month. He can't afford an attorney as his child support takes most of his income but the state (Kansas) is supposed to be appointing him one. I am his cousin and have gone through my own custody case with out a lawyer and came out ok (primary care with no visitation for the father....don't like to say won because I don't really think custody cases are about winning or loosing ... and I wasn't out to take his visitation away just keep her safe). That said my case was in Colorado with both parents resident of the state. I have advised him he needs a lawyer but trying to give him some confidence that it isn't only the mothers that can get custody and some steps in the right direction while finding a way to obtain a lawyer. In this case the mother has failed several drug test and was caught selling in the presence of the children but he is being told (by child protective services) that she will most likely get both his son and her other son back as soon as she gets at of jail. I read the papers from the state and it very clearly states that the reason he was denied his son is because the mother (the one in jail) 'said' that he did drugs and his friend's wife was arrested and is a known drug user. They wouldn't allow him to take a drug test. That just doesn't seem right to me. He doesn't want to give up but doesn't feel he has a a chance and he is worried about both boys.
    If mom is going to jail for only 60 days, and CPS has a plan to return the children to mom (reuniting families is their mandate) then dad is unlikely to get out of state placement through CPS. Even with an attorney the process for out of state placement takes as much as six months, and by then, then children would be back with mom.

    That doesn't rule out dad having a shot at primary custody, but it may rule out it happening via the CPS case. Dad needs a consult with an attorney. This won't be one he can handle on his own.

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