My question involves child abuse or neglect in the State of: North Carolina
A year ago, the local CPS took my then 7 year old son away from his mother. She was living in a motel room with 4 kids total, a new boyfriend and only one bed. The two youngest kids (including my son) were in need of medical attention and none of the children had been to school in over a month. She was already on probation for the children missing too much school, and was abusing pain pills, drinking excessively, and suffering from untreated severe depression. I was living in Florida at the time, and had no idea anything was wrong until I got a phone call from DSS.
Some background on the mother-when her and I split six years ago, she moved to NC and back with her first husband. By the timethe kids got taken, she was in the motel cheating on him while he was out busting his knuckles. The first husband and I have taken care of each others kids here and there over the last ten years. He is a good guy. He has already gotten the two oldest kids (both his) back. The two youngest (one his, and the youngest mine) are still in foster care.
Over the following several months, I made several trips to NC for court, and also to meet with the DSS people. DSS talked me into signing a case plan (parenting classes, drug testing, supervised visitation, psychiatric and substance abuse evaluation.) They also told me I had to move to NC to get custody. My court appointed attorney merely told me to do whatever DSS said. In June, I put my life on hold, moved to NC, rented a house big enough for me and my son, completed the parenting class, and was allowed supervised visitation with my son at a visitation center run by a charity that gets all their business from DSS.
Over the course of four visits, I began to get less and less info from DSS about how my son was doing, and they even stopped allowing me to go through his school bookbag. During the last visit, the DSS worker basically took complete control of the visit, telling my son to do this or that, interrupting me when I tried to talk to him.
I passed every single drug test they gave me. I asked for unsupervised visits, and if not that, then supervised visits at other public places such as McDonald's, or a local park. They just kept saying no, no, no.
When I went to do the psych/substance eval, the therapist said she didn't find any mental health problems. She asked about drinking and drug use. I told her I had drank two beers the night before. She said, and I quote, "Because you told me you drank two beers last night, I am diagnosing you with a substance abuse problem." I said, "Well, I guess you have to diagnose me with something, right? I'll go get a second opinion. We're done here." I paid the receptionist, and stepped outside awaiting a receipt. The therapist came out after several minutes, gave me back my money, and said, "Look, I just don't have enough information from DSS about this. I can't give a professional opinion anyway." Come to find out, this lady had done this before to other people. At that point, I told DSS to communicate through my lawyer only.
I took all this to my court appointed attorney, and told him to bring it up in court, and to ask the judge to overrule DSS on the visitation issue. He did none of that. He simply told me, "That will be futile" and then when he did get up to speak, told the judge how sorry I supposedly was for making a stink, and that I was going to be a good boy and obey DSS. I was so shocked I couldn't even speak.
At that point, I fired my lawyer, and told DSS I refused to comply with their treatment plan any longer, being as that I had done everything on it, and hadn't even been accused of anything to begin with. I demanded they return my child to me, which of course they didn't. The only thing they HAVEN'T done is terminate my parental rights. I have told them I intend to sue them wherever and however I have to. I think I have a civil rights case. I did absolutely nothing to warrant CPS treating me this way. I am the ONLY non-offending parent in this. The mother has since left the state with yet another boyfriend, without telling anyone.
DSS wants to give my son to the ex husband, so as to keep him and his brothers together. I don't have a problem with this, and neither does the ex husband. I would prefer he live with me, of course, but I will settle for just not having DSS actively attempt to keep my son and I apart. I cannot for the life of me find a civil rights lawyer who can practice in NC, or a lawyer who has a track record of fighting CPS and winning. Any help and legal advice would be welcome, as I will probably wind up having to do this pro se.
A year ago, the local CPS took my then 7 year old son away from his mother. She was living in a motel room with 4 kids total, a new boyfriend and only one bed. The two youngest kids (including my son) were in need of medical attention and none of the children had been to school in over a month. She was already on probation for the children missing too much school, and was abusing pain pills, drinking excessively, and suffering from untreated severe depression. I was living in Florida at the time, and had no idea anything was wrong until I got a phone call from DSS.
Some background on the mother-when her and I split six years ago, she moved to NC and back with her first husband. By the timethe kids got taken, she was in the motel cheating on him while he was out busting his knuckles. The first husband and I have taken care of each others kids here and there over the last ten years. He is a good guy. He has already gotten the two oldest kids (both his) back. The two youngest (one his, and the youngest mine) are still in foster care.
Over the following several months, I made several trips to NC for court, and also to meet with the DSS people. DSS talked me into signing a case plan (parenting classes, drug testing, supervised visitation, psychiatric and substance abuse evaluation.) They also told me I had to move to NC to get custody. My court appointed attorney merely told me to do whatever DSS said. In June, I put my life on hold, moved to NC, rented a house big enough for me and my son, completed the parenting class, and was allowed supervised visitation with my son at a visitation center run by a charity that gets all their business from DSS.
Over the course of four visits, I began to get less and less info from DSS about how my son was doing, and they even stopped allowing me to go through his school bookbag. During the last visit, the DSS worker basically took complete control of the visit, telling my son to do this or that, interrupting me when I tried to talk to him.
I passed every single drug test they gave me. I asked for unsupervised visits, and if not that, then supervised visits at other public places such as McDonald's, or a local park. They just kept saying no, no, no.
When I went to do the psych/substance eval, the therapist said she didn't find any mental health problems. She asked about drinking and drug use. I told her I had drank two beers the night before. She said, and I quote, "Because you told me you drank two beers last night, I am diagnosing you with a substance abuse problem." I said, "Well, I guess you have to diagnose me with something, right? I'll go get a second opinion. We're done here." I paid the receptionist, and stepped outside awaiting a receipt. The therapist came out after several minutes, gave me back my money, and said, "Look, I just don't have enough information from DSS about this. I can't give a professional opinion anyway." Come to find out, this lady had done this before to other people. At that point, I told DSS to communicate through my lawyer only.
I took all this to my court appointed attorney, and told him to bring it up in court, and to ask the judge to overrule DSS on the visitation issue. He did none of that. He simply told me, "That will be futile" and then when he did get up to speak, told the judge how sorry I supposedly was for making a stink, and that I was going to be a good boy and obey DSS. I was so shocked I couldn't even speak.
At that point, I fired my lawyer, and told DSS I refused to comply with their treatment plan any longer, being as that I had done everything on it, and hadn't even been accused of anything to begin with. I demanded they return my child to me, which of course they didn't. The only thing they HAVEN'T done is terminate my parental rights. I have told them I intend to sue them wherever and however I have to. I think I have a civil rights case. I did absolutely nothing to warrant CPS treating me this way. I am the ONLY non-offending parent in this. The mother has since left the state with yet another boyfriend, without telling anyone.
DSS wants to give my son to the ex husband, so as to keep him and his brothers together. I don't have a problem with this, and neither does the ex husband. I would prefer he live with me, of course, but I will settle for just not having DSS actively attempt to keep my son and I apart. I cannot for the life of me find a civil rights lawyer who can practice in NC, or a lawyer who has a track record of fighting CPS and winning. Any help and legal advice would be welcome, as I will probably wind up having to do this pro se.
Protective Services: Non-Offending Parent's Rights Being Violated
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