dimanche 26 juillet 2015

Custody and Visitation Issues: Custodial Parent Was Arrested, What Happens Next

My question involves a child custody case from the State of: WV

I am writing on behalf of my brother. I thought I posted this yesterday, but maybe the post was removed for some reason. If it's a repeat, I apologize.

In March of 2014, his ex was arrested for DUI with her two daughters in the car (one daughter is my brother's). The girls were taken away from her and placed in foster care for a little bit before they were placed with my parents. My brother was in the Army at the time and not able to take two girls (the judge was adamant that the girls stay together).

They remained with my parents for about a year while their mom went through rehab, parenting classes, moved in with her ex husband and set up a home for the girls, etc.... My brother was set to be deployed, but due to an injury, was forced to remain in TX. He was offered medical discharge in May and he accepted. Around that time, his ex had her final court hearing to get the girls back (the wasn't really a custody case between him and her. It was mostly her case to see if she had improved enough to get them back. The judge seemed sympathetic to my brother, but never really offered him the chance to have custody). At first he had a lawyer, but couldn't afford to continue paying one (due to flying back and forth from TX to WV). When the girls were given back to their mom, the child advocate set up a parenting plan that included more visits than he had received in the past, so he was happy to get the extra time. It was also noted that if she was unable to care for his daughter, he should be notified immediately.

This week, a friend saw on the news that she was arrested again, 3rd degree sexual abuse and sexual abuse by a parent or guardian (the person accusing her is the parent of a 14 year old boy, and the news said that allegedly drugs were involved). If we hadn't seen it on the news, we probably never would have known about it because no one called my brother. He started calling around to find out where his daughter was and eventually he was told that the girls are with the mom's boyfriend's sister. When he asked if he could pick up his daughter, they told him not without CPS being involved. He notified the child advocate from the previous case (she's staying involved until September). She said she was calling DHHR intake to look into it but that was all she could do over the weekend.

Everything in these towns seem to shut down over the weekend, so he hasn't been able to make any progress to find out what he's supposed to do. What should his first step be tomorrow morning?

He has called the house where the girls are staying and no one is answering. he is supposed to pick his daughter up Wednesday for their scheduled visit and has no idea what the address is or who to talk to. If she's in jail, does her daughter have to go back to the relative's house or can she just stay with my brother?

I know she is innocent until proven guilty, and honestly, I can't believe she could be involved in something like this.


Custody and Visitation Issues: Custodial Parent Was Arrested, What Happens Next

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