My question involves a child custody case from the State of: Kentucky
I live in Texas, she lives in Kentucky with the kids. She moved from Texas to Kentucky 2 years ago when we decided we were going to separate and begin divorce proceedings.
I just found out, Father's Day, that my wife (we have NOT finalized divorce yet, we are still technically married) had our children taken into state custody permanently. They are with a Foster family, but not adopted to them. (This, apparently, happened last December!)
Upon discovering this, I have been in contact with the courts system and CPS with regard to them not contacting me.
We (myself and CPS) have arranged a court hearing on August 9 with regard to the fact that I would have, and still do, want to have full custody.
I would have taken them initially, in December, had they contacted me about taking the kids from her; however, even they admit, they didn't try to make me aware of the situation since I live in Texas (their own admission).
What, if anything, should I say or do, to gain custody of my children?
There is no custody agreement between my soon to be ex and myself.
CPS doesn't seem keen on the idea of an out of state transfer of custody (although I will be there in person on the court date).
My thought process: we are not divorced. Therefore, at any time prior to, or during this incident, my STBX could have given me custody. And I, just as well, could have picked them up from school or anywhere and taken them home to my house and nothing could have been done.
How is this situation any different?
I don't want my kids in the system and had I known she was having trouble, I would have taken them. She originally begged me to let her take the kids, and had been really good (until last December... Should have been a red flag) about letting us video chat almost daily and letting me visit at least once a month when I would drive out there in person.
CPS already ran a background check on me and it came back clean. We verified paternity via the vital records office and birth certificates.
If I need to clarify more points, please ask. My mind is a jumble and I want to be able to go in and make a clear, concise, point to the judge when it is my turn.
Is there a legal precedent to this? I don't know how to or what to look for, I've been trying. Which is what landed me here.