How to file for emergency custody hearing texas?
Not sure if this will help any but it's worth a shot! Not to mention CPS here in Texas well... we all know CPS's rep of late which is sad because they are supposed to be there for the child as the child's advocate and protector. Anyway... I did a search and found this ; hope the answers and advice here help! http://www.enoslaw.com/PracticeAreas/Chi... I'm not sure where in Texas you are or I would have googled for a good attorney at your location. More than likely though your friend will have to bring CPS into the situation to take control of his son for protective measures till he can get not only the hearing set but maybe a restraining order on her; especially if HE has full custody per the divorce papers and she only has limited or supervised visitation rights due to her questionable tendencies towards violence. The best thing for your friend to do is make sure all his T's are Crossed and his I's Dotted, have his Divorce decree, her criminal record as proof of violence against the child, any documentation by witnesses who have seen her violent tendencies etc. even a psych eval. if it was done on his son or any form of therapy that is being done or was being done for psychological help. That and any documents from medical professionals on the health of the child and treatments according to illnesses. Despite our CPS's record here, Texas does strive to protect the child above all else. I actually think we have some pretty tough laws concerning child welfare. I wish your friend luck and hope all works out for him and his son in the end. Normally it's the wife who gets custody and the ex the one to get visitation rights. However in cases where the ex wife is the abuser, unstable or what ever then the husband is the one to get the custody provided he is stable, has a full time job that he's been at for more than no less than 6 months but at least as long as 1 year with no disciplinary actions against him. Then of course there's the cases where neither parent is found fit to take custody of the child and said child is placed in foster care either permanently or temporarily with the stipulation that the parents get counseling, therapy etc. to prove they are a fit parent. Hope some of this babble helps and look into a good lawyer who specializes in these kinds of cases. The more knowledgeable the better the attorney though you will be paying more for it, it's worth it in the end results.
Can you file for custody of a child if you possibly are not the father?
Regardless of whether you physically signed the birth certificate, where you listed as the baby's father? If yes, then you will still have rights even if you are not bologically the baby's father. If no, in Ohio, you would not have any rights to the baby if you turn out not to be the biological father. But, it depends on what state and county you live in. Look up your local domestic court online, most have web pages now, and do some research. There has to be a loop hole somewhere for situations like this. Also, most domestic attorneys will give free first visits, give one a call and go talk to find out, at least, what you're possibly in for. On a personal opinion note, I don't understand why most, not all, women think it's their choice and absolute right to keep the child from the father (regardless of biological paternity). I wish you good luck and hope you find that loop hole. You're a fantastic dad!
HOW TO GET LEGAL CUSTODY OF CHILD IF CPS WAS CALLED AND I HAVE POWER OF ATTORNEY, MOTHER HAS AGREED TO SIGN?
First of all I don't think it will be that easy. CPS whole goal is to reunite the child and the parent. You will have to go through the process until CPS has no more control over the situation. If the mother does not comply to everything she is supposed to do, they will just take her rights and give you the option to adopt the child. But you also might have to take foster parent classes and complete or be in the process of completing the classes. You have to have them in order to care for the child. It is a long drawn out process, but eventually they will get to that option after so many months. They will also look for the father to, he has to go through the process to. If he does then he gets custody not you. If he doesn't then you will be there last option as long as your fit. I would talk to a lawyer. I am dealing with the same things and they made me go through foster parent classes and then eventually the dad came into the whole process. It has been a year and a half since this all started and still waiting for dad to get his rights taken away. Mother already signed her rights away after so many months of her not even complying they did allow her to sign them over. But then dad had to be proved and the option for him to comply as well. It is a long process. She will be 2 yrs old before any of this is final and that isn't including the adoption process. Good Luck! It will be stressful! Mom should have signed rights to you before you got CPS involved and you would not have to deal with CPS at all. You could have just went through a lawyer and got her to sign legal guardianship to you, it would have been a lot easier.
If DYFS/CPS has custody of their kids, can the parents still claim them as dependants on their tax return?
Your Question If DYFS/CPS has custody of your kids can the parents still claim them as dependants on their tax return? My loser brother in law and girlfriend lost custody of their kids to DYFS over a year ago. My BIL went and filed taxes with H&R Block and claimed the 3 kids as dependants and got $4000 back. He didn't pay for a single penny of care for them at all last year, the State of NJ paid all the childrens expenses. Is this allowed and if not (because I can't imagine it is) what will his penalty be? I hope its harsh
Child Protective Services and Custody Laws?
I am seventeen, and my boyfriend is sixteen. We have been dating for almost 10 months. From the time we began dating to now, my parents have taken care of him. They have bought him clothes, shoes, school supplies, tooth brushes, and other necessities. Prior to that, he was supposed to be taken care of by his parents. However, neither of them have ever really taken care of him and it's gotten worse since we started dating. For those of you who would like to believe I am just angry because my boyfriends parents grounded him or some silly childish crap, allow me to give you some background information. First, my boyfriend lives with his mother, father and brother, who is 5 years old. They have upwards of around 10-15 cats. Their house is always filthy, the litter boxes leak on to the floor, it smells and there are always toys and games laying everywhere. His mother is an alcoholic and a pot head. His father is addicted to Vicodin. Neither of them have jobs, not even part time. His little brother is just learning his alphabet and has a problem deciphering fiction and reality because his mother, too drunk and high to worry about a five year old, sits him in front of a TV and video games to baby sit him. When they go grocery shopping, this is the usual purchase: 6 packs of cigarettes for mom, beer, vodka, cookies and other junk food for the little one and nothing for my boyfriend. Now obviously, they are unfit. If you read that and disagree or believe what I'm saying is far fetched, please don't tell me about it. I want only serious answers. My question here is what would happen if I called CPS? Would my boyfriend have the option to come live with me and my family? Would he be sent to live with relatives or put in a foster home? Could my parents apply for custody of him without having to call CPS? Really, what I'm asking is what can I do to save my boyfriend and his brother from their sickening life? Nothing makes me more angry than seeing my boyfriend's fat ape mother and psychotic father treat him like dirt everyday. Also, I feel I should provide you with some other information: We live in Ohio. The family income is upwards of 150,000/yr. We have a separate bedroom and bed that he could call his own. My parents would accept custody of him and agree his home life is just awful. He is competent to speak on his own behalf.
What do I file to obtain temporary custody of my son during a CPS investigation of his Dad?
Depending on what your jurisdictional rules are, you will probably need to file an Order to Show Cause for Ex Parte relief. This motion calls for shorter time period for notification to the other party; however, you must be very careful in asserting facts which may not be true. Keep in mind, many "claims" are filed with CPS due to the breakdown of relationships. Further, just because an "incident" occurred in one household does not necessarily mean it will (or has) occurred in the other. Good luck.
I would recommend not playing the blame game here. Your soon to be ex (or already ex) might be a narcissistic personality, but that's does not work well in custody battles.Being a narcissist in itself is not a crime. And I bet if you ask your wife she wouldn't want to be known as one. I would recommend focusing on what's best for your child, and if you believe it's best that you are going to be the better parent then prove it. I do know that family court is biased towards women and the burden of proof is on men to prove they are fit enough to parent their children even though in some cases they were the primary caregivers while in relationships with the exes. But I also know many men who have full custody of their kids.Also, if you do think that your wife is a narcissist then her self worth is tied in how the world sees her, that is a good parent. I would recommend reading Splitting by Bill Eddy. It might not help you win custody of your kids but hopefully help you have better interactions with your wife.I could not stress enough on the importance of a good lawyer. Go to Avvo.com. and you can find good lawyers who specialize in family court.And this may sound harsh, stop playing the blame/victim game. Nothing good ever comes out of it. It will only make you look an emotional and irrational mess.Good Luck.
Legal question about CPS?
CPS is obligated by law to investigate all reports of child abuse. Making false reports are illegal but proving it will likely be difficult. Reports to CPS agencies can, and often are made anonymously. As to suing her for slander there are a couple of things to consider. First you have to prove she made the report that led to the investigation. Second you must have a "measure of damages" which means being able to prove a monetary loss caused by her taking your name in vain. Third, it sounds like she doesn't have a "pot to whiz in nor the window to throw it out of " so how are you going to collect any damages she is ordered to pay if, and when you win the case? Back when my son was 3 he was diagnosed with cancer. His mother was "Indicated for Medical Neglect" by DCYF (Dept. of Children, Youth, and Families) for failing to follow the treatment plan among other things. But because the government likes to play "cover their ***" they also cited me for "other neglect" claiming I could have done more to get him to treatment. DUH! His mother had actual, physical custody and every time I showed up to exercise my visitation rights she refused. In the end I was cleared her neglect remained and I got full custody through an emergency ex parte' court order. My son is fine. He is now 16 and in the International Baccalaureate (IB) Program in high school in Florida. I say ignore her and hopefully the state will put her away for child abuse. Best of luck to you and enjoy your family and your life.
You have given four lines of facts—50, maybe 100 words. The court will hear hours of testimony from multiple witnesses, consider documents submitted by the parties, and receive other documentary evidence as permitted by the relevant laws of your state. The judge’s decision will be based on the totality of that evidence, applying the laws of your state to the facts. Any statement regarding what the outcome of the judge’s consideration of all of this will be would be the wildest and most unfounded speculation.I can tell you that if there is credible evidence of abuse, the judge in most states cannot give custody, joint or sole, to the abuser absent specific judicial findings, and that there is a very strong presumption against awarding custody to an abuser. But, under the right circumstances and with the right evidence, it can happen.I often read lay people writing in forums like this saying things such as “if thus and such happened, the judge will always rule in favor of so and so.” These people should shut the hell up because their ignorant and irresponsible blatherings do nothing but confuse parents who love their children and who are going through one of the most difficult experiences of their lives.Judges do not decide these cases in a simplistic, mechanical way. Rather, they apply a complex body of law designed to produce a result that is in the best interest of the child. I have had a great deal of experience with domestic relations judges in two states, and I have found them to be hard working, conscientious, dedicated, caring people who have the children’s good at heart and who do their best to make the right decision every time.Unfortunately, as one such judge I know likes to say, sometimes there is no good answer. Only a bad answer and a worse one.