Results 1 to 4 of 4
  1. #1
    Join Date
    May 2018
    Posts
    2

    Default What Are a Non-Offending Parent's Rights During Child Protective Proceedings

    My question involves child abuse or neglect in the State of: West Virginia
    My ex husband and I had shared custody for five years. Our children alternated school years between us and alternating weekends. It was basically 50/50. My children brought some things to my attention which I immediately called CPS. My ex husband has lost custody. He is supposed to start supervised visits soon as long as he can pass a drug screen this coming week.
    I have complied with everything I've been asked to do, every meeting and interview. My ex husband has a court appointed attorney and my children have been given a guardian ad litem (yes that's probably spelled wrong). There has been one MDT meeting so far but just to set up visits really. My question is, what are my rights without having a lawyer and how much information am I supposed to be given about what's going on? I feel like someone should be keeping in contact and keeping me informed better. Also, I was planning on filing for full custody before all of this happened. Should I go ahead and file it should I wait?

  2. #2
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: What Are My Rights and Obligations As the Non Offending Parent

    Quote Quoting Marsha2
    View Post
    My question involves child abuse or neglect in the State of: West Virginia
    My ex husband and I had shared custody for five years. Our children alternated school years between us and alternating weekends. It was basically 50/50. My children's brought some things to my attention which I immediately called CPS. My ex husband has had his rights taken away by CPS and the Circuit Court. He is supposed to start supervised visits soon as long as he can pass a drug screen this coming week.
    I have complied with everything I've been asked to do, every meeting and interview. My ex husband has a court appointed attorney and my children have been given a guardian ad litem (yes that's probably spelled wrong). There has been one MDT meeting so far but just to set up visits really. My question is, what are my rights without having a lawyer and how much information am I supposed to be given about what's going on? I feel like someone should be keeping in contact and keeping me informed better.
    I don't think he had his parental rights taken away - or he would not be getting supervised visitation. Do you mean he lost custody?

    Your rights are the same with or without a lawyer. A lawyer is there to help you navigate through the court system.

  3. #3
    Join Date
    May 2018
    Posts
    2

    Default Re: What Are My Rights and Obligations As the Non Offending Parent

    Yes,. He lost custody. I'll fix that. Thank you. What about filing for permanent full custody? I actually had everything ready to file before all of this happened. Should I wait or do it now?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Are a Non-Offending Parent's Rights During Child Protective Proceedings

    Quote Quoting Marsha2
    View Post
    My question is, what are my rights without having a lawyer and how much information am I supposed to be given about what's going on?
    If you are not a subject of the protective proceedings -- that is, the action is solely against your ex- -- then you don't have the rights of a parent whose parental rights are potentially at risk. But you should be able to speak with the prosecutor in charge of the case, or somebody in the victim's rights office at the prosecutor's office, to get some insight into the progress of the case and perhaps to get notice of your ex's court hearings (if you're not already getting notice).

    Consult a family lawyer about bringing a motion to modify custody based upon the allegations. The lawyer can advise you as to whether you should file now or wait, based upon the status and progress of the protective proceedings and whether it is likely that the court may lift its present restrictions on your ex's visitation. The lawyer can also advise you of the strength of your case for modification; but when the state finds cause to commence protective proceedings the odds are pretty good that the facts would support modification.

    1. Sponsored Links
       

Similar Threads

  1. Protective Services: What are the Rights of a Non-Offending Parent in a CPS Investigation
    By alora in forum Abuse and Neglect
    Replies: 5
    Last Post: 11-23-2017, 07:10 AM
  2. Court Proceedings: Can You File for Guardianship of a Child Who is in Protective Proceedings
    By AngryGranny in forum Abuse and Neglect
    Replies: 6
    Last Post: 08-04-2016, 07:36 AM
  3. Protective Services: Non-Offending Parent's Rights are Being Violated by Protective Services
    By nonoffendingdad in forum Abuse and Neglect
    Replies: 12
    Last Post: 01-28-2016, 09:22 AM
  4. Divorce: Divorcing While a Child is in Foster Care and Protective Proceedings
    By Odh1nn in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 01-06-2016, 05:37 AM
  5. Child Neglect: Non Offending Parent Sudenly Became the Offending Parent
    By CPS in forum Abuse and Neglect
    Replies: 13
    Last Post: 10-08-2013, 04:12 PM
 
 
Sponsored Links

Legal Help, Information and Resources