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  1. #1
    Join Date
    Jan 2016
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    1

    Default Divorcing While a Child is in Foster Care and Protective Proceedings

    My question involves a marriage in the state of: WV
    We were married in NC in 2001, I was an Army veteran and enlisted in the Air Force in September 2001. Two children were born, 2001 and 2004. I was diagnosed with multiple sclerosis in 2008 and medically retired from the Air Force. In 2009 my wife left to be with another man and I did not hear from her again until 2014. In May 2009 I moved myself and my 2 children to WV to be close to my family. Soon after my oldest child started having major psychological issues and was placed in a residential treatment facility in 2012 after trying to kill my youngest child. I terminated my parental rights to my oldest child in 2013 after being told it was the only way to keep her from returning to my home where she would harm my other child. In 2014 CPS removed my other child from my custody and placed her in foster care because my multiple sclerosis made it hard for me to care for her. Divorce was supposed to be processed during the CPS court hearings but the judge was replaced before the final hearing and that did not happen. Now I'm not sure how to file the paperwork because it asks about children in the marriage. My multiple sclerosis has made it difficult for me to keep an appointment with a lawyer so I was hoping to find an answer here so I can get this paperwork filed before another attack prevents me from proceeding.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Divorcing While a Child is in Foster Care and Protective Proceedings

    We have to do a lot of guessing here....
    Quote Quoting Odh1nn
    View Post
    We were married in NC in 2001.... In 2009 my wife left to be with another man and I did not hear from her again until 2014.
    So this was a separation -- you never divorced, and are just now getting around to filing for divorce?
    Quote Quoting Odh1nn
    In May 2009 I moved myself and my 2 children to WV to be close to my family. Soon after my oldest child started having major psychological issues.... I terminated my parental rights to my oldest child in 2013....
    This happened through child protective proceedings? What about the mother's parental rights?
    Quote Quoting Odh1nn
    In 2014 CPS removed my other child from my custody and placed her in foster care because my multiple sclerosis made it hard for me to care for her.
    Many severely disabled parents manage to raise their children. Why were you not able to establish an appropriate plan to care for the child in your home? Why wasn't the child placed with a member of your family or with her mother?
    Quote Quoting Odh1nn
    Divorce was supposed to be processed during the CPS court hearings but the judge was replaced before the final hearing and that did not happen.
    Before what final hearing? The final hearing in your divorce case? The final hearing in the protective services case? Are you telling us that your parental rights have now been terminated to the second child? If so, what about mom's parental rights?
    Quote Quoting Odh1nn
    Now I'm not sure how to file the paperwork because it asks about children in the marriage.
    You're asking about Form SCA-FC-101?

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