What are the chances of getting child custody modified when ex has three DFS cases opened for child neglect ?

Question

children are 13 and 11 and both children have been told in the past not to tell me about DFS and after I contacted DFS and asked to have copies of anything pertaining to my children sent to me after receiving this information I was shocked because I was never contacted and the reason for it was the other parent lied and said that he didn't know where I lived and had no way of contacting me. I couldn't believe that the people who we pay to protect our children didn't even bother to check this info out even after they found substatial evidence and opened up the cases. I am really hurt that the other parent had the children to withhold this info from me and was told not to tell anyone about what was going on in their home. I'm not just speculating this the DFS worker told me that the children told her this several times during her visits with the children. My ex and I have been divorced for five years now and if these things don't stop how will our children ever get over our divorce?

Answer 1

Unfortunately, your chances are only as good as your lawyer. If you want something done, you have to bring it to court....and you need a hard core lawyer to make people stand up and take notice. The courts don't generally like to mess w/custody for several reasons:

1. he said/she said

2. system is clogged

3. messing with custody rights means messing with financial responsibility in some cases.....losing rights relieves that party of financial obligation, and there is no way to deny gov't assistance, should the remaining party need $$ help w/their kids.



It's a sad reality, but there are so many jerks out there, the courts don't know where to start except with the loudest, smoothest lawyers that make their jobs easy.



DFS, (at least here in Houston) is, so overwhelmed with cases, they start with severe abuse and work their way down from there...they just cannot be trusted to follow through with these things, there are not enough of them.



Get a kickass lawyer, hon.

Answer 2

How will you ever get over the divorce? See an attorney. If there are legitimate complaints that have been investigated the children should not be with them. However, if the complaints were filed by someone who is just jealous of a new parental figure in the childrens lives... well that's another issue. What is going on in their home? If it was that bad they would be taken from the home until new custody rulings were made.

Answer 3

I say that if you are telling the truth and there are 3 pending child neglect cases on the ex, then your chances of getting child custody are pretty high, considering the fact that you are suited to have the children in your custody.



I have had friends who constantly had to fight with Child Protection to have the children taken out of a "bad" situation (abuse, neglect, unmoral conduct). I say never rely on child protection to step in.



Need proof, look into a pending legal case in Cincinnati in which a mentally challenged child in a foster home was wrapped up in blankets, forced into a closet and left there for 2 days. The child didn't have any food or water, desecrated himself, and died. The birth mother is suing the county on a wrongful death suit (the child was taken from her along with three others because of willful neglect). The foster parents are charged with murder, neglect, and other charges as well.



Get yourself an attorney and FIGHT!!!! I'm sure that you can get custody if you can prove to the court that you are fit to have custody, haven't had any reports of abuse, neglect, etc., and have the means necessary for proper care. Good luck!!!!

Answer 4

Children have the right to ber heard, and those over, say, 11 have the right to strong influence over custody decisions.



The "best interest of the children" determines custody. Of course neglect findings justify reopening a case. The only problem could be if there is a change in state of habitual residence as a result: this is a hurdle that has to be overcome.



Go for it.

Answer 5

it relatively is extremely great which you care a lot for those little ones and that i'd say the main suitable thank you to get them isn't during the court docket device - which may be stressful by using fact what you defined with reference to the mummy above isn't seen a "undesirable" mom contained in the court docket device. Their mom of course has some subjects and if I have been you - i'd ask your husband to ask the mummy if he would desire to change - have the youngsters m-f and he or she have them on the weekends on a similar time as she gets her existence mutually - the factor - would be to artwork together with her and not against her - if she gets new child help - your husband would desire to proceed to pay her yet tell her this association will enable her to get on her ft and not worry with reference to the youngsters till the weekend. you will desire to be supportive in the direction of her considering you will get her to artwork with your husband better if she does no longer see you as a probability - you will desire to enable her be attentive to that the youngsters will continually love their mom and as a step-mom your pastime is barely contained in the main suitable for his or her father and his little ones. OPEN up your communique together with her - you do no longer would desire to invite her over for tea yet learn and locate out from a distance the right thank you to assist her.

Answer 6

Get your Kids.. fight for them.. you can use all the reasons you said above to get them. but make the focus on the kids and keeping them safe.

Answer 7

chances are very very high, as soon as he does something that may wrognly influence the child's life, child custody can easily be changed



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Answer 8

pretty good unless you screw up