My question involves a child custody case from the State of: Or
Don't judge please, I'm a recovering drug addict, I was granted joint custody {pervaded certain requirements were meet, until than I was giving visitation} of my now 8 year old daughter, whom I haven't seen in 4 years.
4 years ago her father was sent to prison, I went to get my daughter from his parents who lived out of town but still in same state, since he went to prison I figured that meant custody would go to me. Well mommy & daddy own a firefighting business and are well known in the community. Long story short I went to leave with my daughter the blocked my car until police arrived, C.P.S was called and the officer placed me on the phone with C.P.S I was told a protective order was being placed on my daughter, even though, at that time I had not been convicted of any drug charges in fact all I had on my record was a theft charge that was 9 years old and it was a mister miner. I had never been charged with child neglect or anything else C.P.S told me either I could have my daughter placed in a foster home until an investigation was done, witch she stated wouldn't look good for me when I went to court or I could leave her with her grandparents where she had been living for the last month. I chose to leave her with her grandparents. My daughter wanted to stay with them anyways, feeling defeated I decided maybe my daughter was better off their, I didn't have any family besides my mother who was a meth addict anyways, and they were a good family a close family like it should be, with family holidays and reunions and all that wonderful stuff that family's should do. ANYWAYS I was staying with my mother at that time NO I was not using drugs AT THAT TIME. After returning to my mothers house, with out my daughter she decided to kick me out. That was the start of a 3 year drug run for me. AGAIN PLEASE DO NOT JUDGE ME. Mistakes tend to become clearer after that fact, and I'v spent the last 2 1/2 years thinking "I should have" "I could have" "why didn't I" so now instead of beating myself up. I'm gonna fight.
It's been 2 years since I was homeless and using heroin, it's only been 13 months since I drank and used meth. I am getting married to a wonderful man who has no criminal history, has a job & owns our home. I however now have 3 theft charges and a heroin poss., 2 felony failure two appear charges. I'm still on post prison until Jan 2017 I am checking in with my P.O like I should be I completed a drug course, I volunteer at the church down the street from me.
I'v checked with C.P.S here in town they say no case is open on me nor do they show that a case had ever been opened on me that hadn't been immediately closed after a home visit {~my mother use to call C.P.S on me all the time they would come to my house U.A me right than and I never failed a drug test, it wasn't until I wasn't allowed to see my child that I got back into drugs~} My assumption is since nothing was ever filed with the courts saying I couldn't see my kid that mommy or daddy must have had a favor called in with C.P.S and my C.P.S file is now classified as sensitive.
I know that a judge can impose fines on a parent for not allowing visitation. What I need to know is can I take him {her father that is now out of prison} to court for an enforcement order and not sue him just recoup what my attorney fees would be? I cant go to legal aide due to the fact that her father went their to block me and than his parents hired him an attorney, they have the money and resources to hire a dame good attorney.
Can I recoup attorney and filing fees? Will a court even allow me to see my daughter after all this time?
Sorry for rambling and thank you for your time
Don't judge please, I'm a recovering drug addict, I was granted joint custody {pervaded certain requirements were meet, until than I was giving visitation} of my now 8 year old daughter, whom I haven't seen in 4 years.
4 years ago her father was sent to prison, I went to get my daughter from his parents who lived out of town but still in same state, since he went to prison I figured that meant custody would go to me. Well mommy & daddy own a firefighting business and are well known in the community. Long story short I went to leave with my daughter the blocked my car until police arrived, C.P.S was called and the officer placed me on the phone with C.P.S I was told a protective order was being placed on my daughter, even though, at that time I had not been convicted of any drug charges in fact all I had on my record was a theft charge that was 9 years old and it was a mister miner. I had never been charged with child neglect or anything else C.P.S told me either I could have my daughter placed in a foster home until an investigation was done, witch she stated wouldn't look good for me when I went to court or I could leave her with her grandparents where she had been living for the last month. I chose to leave her with her grandparents. My daughter wanted to stay with them anyways, feeling defeated I decided maybe my daughter was better off their, I didn't have any family besides my mother who was a meth addict anyways, and they were a good family a close family like it should be, with family holidays and reunions and all that wonderful stuff that family's should do. ANYWAYS I was staying with my mother at that time NO I was not using drugs AT THAT TIME. After returning to my mothers house, with out my daughter she decided to kick me out. That was the start of a 3 year drug run for me. AGAIN PLEASE DO NOT JUDGE ME. Mistakes tend to become clearer after that fact, and I'v spent the last 2 1/2 years thinking "I should have" "I could have" "why didn't I" so now instead of beating myself up. I'm gonna fight.
It's been 2 years since I was homeless and using heroin, it's only been 13 months since I drank and used meth. I am getting married to a wonderful man who has no criminal history, has a job & owns our home. I however now have 3 theft charges and a heroin poss., 2 felony failure two appear charges. I'm still on post prison until Jan 2017 I am checking in with my P.O like I should be I completed a drug course, I volunteer at the church down the street from me.
I'v checked with C.P.S here in town they say no case is open on me nor do they show that a case had ever been opened on me that hadn't been immediately closed after a home visit {~my mother use to call C.P.S on me all the time they would come to my house U.A me right than and I never failed a drug test, it wasn't until I wasn't allowed to see my child that I got back into drugs~} My assumption is since nothing was ever filed with the courts saying I couldn't see my kid that mommy or daddy must have had a favor called in with C.P.S and my C.P.S file is now classified as sensitive.
I know that a judge can impose fines on a parent for not allowing visitation. What I need to know is can I take him {her father that is now out of prison} to court for an enforcement order and not sue him just recoup what my attorney fees would be? I cant go to legal aide due to the fact that her father went their to block me and than his parents hired him an attorney, they have the money and resources to hire a dame good attorney.
Can I recoup attorney and filing fees? Will a court even allow me to see my daughter after all this time?
Sorry for rambling and thank you for your time
Custody and Visitation Issues: Can I Recoupe Attorney Fees
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