What can we do to ensure child custody?
CPS is a good friend of my 2 kids' mom. (I'm their step-mom) My husband isn't on their birth certificate because she has refused to let him do so for several years. (They are now 2 and 3 years old) We've just recently had an incident in which the mom left her two kids with 'Nana' and went to Vegas for a month, and we had to go rescue the kids from 'Nana's' house because she decided to pop about 30 pills and endangered the kids. We've had them for almost a month now, and mom showed up today and took the kids back. My husband and I have a CPS case going right now, but we want to fight for custody of the kids. What is a good way of going about this? We have a substantial amount of evidence (mom doing a strip tease on the internet with the girls in the background; mom having the girls talk to random guys on the internet... these are ALL videos on myspace...), but we need to know what steps we need to take? These girls deserve soooooo much more than what they get...
Answers:
<get a atty who represents fathers>
1. File a Petition To Establish his paternity
2. File Petition For Emergency Custody,alleging endangerment and listing those actions
3. Contact CPSand find out why THEY won't taske the kids from her
4. post the link to her MySpace page
The problem is that he SHOULD HAVE done these things while he had teh kids and monm was away.
NOW it's going to be much more difficult.
5. <almost forget> Dad needs to get his house in order. No drinking or drugs. Contact with the kids (even if she prevents it). Dad probably needs to either start paying some child support OR at least putting child support into an escrow account.
Since you have so much evidence you and your husband have no need to worry. I'm pretty sure you guys will win over the case to take care of the kids. First your husband might need to test his dna with the kids to proof that he is the biological father of the children. Then the court will rules to see who are best suited for the children to live with. Do not let the children mom take care of the kids because she is a irresponsible mom to them.
You need to get a lawyer and see what steps are necessary in your state. I am sure that with a paternity test he will have rights given to him, no matter what a crappy parent she is. it is hard to have a child taken away from the mother, but if you can prove she is unfit and is putting the children in compromising positions, then custody should be granted to you and your husband. Good luck!
There is no way to completely assure that a custody battle turns out in your favor... The mother is usually granted the title of Custodial Parent in CPS cases, giving the courts in that area the nickname of "The Mother's Court". However, in cases where you can prove beyond a shadow of a doubt, like this one, (DO NOT LEAVE IT UP TO CHANCE THAT THE MOTHER IS GOING TO KEEP THOSE VIDEOS UP ON MYSPACE: RECORD THEM AND KEEP THEM AS EVIDENCE!) the custody will be given to another family member that can prove not only that the current custodial parent is unfit, but that they are the best candidates for a new custodial parent. It's definitely a stroke in your favor that you and your husband are married; stable parental relationships always look good in a CPS court, especially if it's a jury trial, which I would definitely go for even though it's going to cost a lot more money: it will be easier to win a jury's sympathy than it will be to get on a judge's good side of logic. (for lack of a better term... I hope you know what I mean...) Also, it would be good for the kids to write letters to the judge asking to be placed in your care; while the kids are definitely not old enough to have a say in their future, it would look very good for you and your husband if the kids actually expressed a desire to stay with you, and why they felt that way. The judge will also want to talk to them about life at their mother's and how life has been with you and your husband.
I hope this helps!!
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