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  1. #1
    Join Date
    Apr 2014
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    1

    Unhappy Visitation After Emergency Removal of Children by Protective Services

    My question involves a child custody case from the State of: Texas/New Mexico

    My son is 13 years old and I have primary custodianship. He went to visit his mother in florida for christmas break and was removed along with his 15 yr old half sister by DCF. He was returned to me but the sister is not biologically mine so was placed in foster care. The state still has custody of the 15 yr old. The mother wants to continue visitation of my son even though the state is not returning the other child due to mother drinking and becoming violent abusing the 15 yr old. Mother still is drinking and lasted one day in rehab then left. My son is terrified for his safety and has said he will not go this summer to visit her. He has told her this as well. Turns out there has been abuse in the home to his sister for awhile and mother drinks a lot. We are trying to keep it out of court for the kids sake. 2 questions: First what happens if she shows and the 13 year old refuses because he is scared for his safety? Second what options do I have? The case was origally in Texas but 4 years ago we moved to new Mexico but never transferred anything because we go back to Texas all the time.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Does Mother Still Get Visitation

    How is it "for the kids' sake" that you're not taking this to court and putting yourself in the driver's seat? Will the kids benefit if you're held in comtempt for violating the visitation order that is presently in effect?

    If mom wants to be reasonable, she can consent to a modification of the court order such that you can have the court enter an amended order, protecting the kids, without having to go through hearings. If she's not being reasonable, why would you want to do things her way?

  3. #3

    Default Re: Visitation After Emergency Removal of Children by Protective Services

    Quote Quoting silverdrago
    View Post
    what happens if she shows and the 13 year old refuses because he is scared for his safety?
    What happens with mom on your doorstep is only what you allow to happen, at that point. Me? I'd tell mom to go get sober and to take any problems she has before the court, smile, and shut the door. If she doesn't leave, summon police and ask them to escort her from your property. She can put up whatever fuss she wants, but law enforcement knows how to tell mom to take her issue to the judge. And, generally. most judges are going to agree that having the child removed from the home by DCF is absolute grounds to NOT return the child to that environment again; at least not without some additional intervention and protections in place (such as supervised visitation).


    Second what options do I have?
    You can immediately petition the court to modify the visitation order such that the 13 year old isn't unsupervised around mom, or mom completes a treatment program, or whatever makes sense to you. It's always better to ask the court to change the order to reflect the current situation, such as mom being a danger to the child, rather than just sitting back in violation of the order (even with very good reason) and giving mom the ability to rightfully complain to the court that you're not following the order.

    So, (a) fulfill your #1 priority and keep the child safe by NOT letting mom have him, then (b) keep your hands in the matter "clean" by seeking a new custody order BEFORE mom brings the issue to the court's attention.

    If you've been in NM for 4 years, and neither the child nor the NCP lives in Texas, it's time to ask that the case be transferred to NM.

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