Question:
no parenting plan custody question?
Angel Napier
2012-09-27 17:02:20 UTC
my boyfriend had his daughter over the weekend.we were going to return her on sunday so she could go to school. her mother lives in the next town. while the girl was with us she told me that her cousin sexual did stuff to her so we called CPS and they looked intto it said the hosue was nasty she was in and ect. anyways we have the girl as of right now. the police officer told us that we could keep her since there wasnt a parenting plan. he also told us that her mother had to give us any information we need in order to enroll her in school here with us and get her to the doctor because she has a broken arm that needs to be rechecked and a cast removed. now her mother refuses to give us any information as she always has. she will not tell us where she goes to school she wont give us any records. socail card or birthcertificate. she wont tell us her doctor or her medical needs such as perscrptions ect. i contacted CPS again today and they said they cant do anything. im helpless on what to do. with no socail card and no certificate of live birth we cant get her any kind of assistance for clothes since her mother wouldnt give us any. we cant get any kind of emergency help. nothing. what are the laws on releasing her records do you think i should call the police again?
Three answers:
pragmatism_rules
2012-09-30 17:41:26 UTC
Unless your boyfriend was either married to the mother of his child when he was born OR he has been to court to have his paternity confirmed, he has no right to custody. That naturally lies with the birth mother until a court takes away or reassigns her paternal rights.



Your boyfriend needs to get a LAWYER now. Then he needs to get written affidavits from the CPS worker and the police officer who investigated the home, along with their recommendations. Then he must go to court (WITH HIS LAWYER) and seek emergency sole custody on the grounds of child neglect, etc., with no visitation for the mother. He should NOT seek child support at this time as some judges may consider his seeking custody to be an attempt to avoid paying child support. ONCE your boyfriend has permanent sole custody of his kid....THEN he files for child support and asks for back support plus compound interest.



Your boyfriend needs a lawyer now. He also needs to file a police report based on the child's stating she had been sexually assaulted. As for the cast, ask the lawyer for his/her advice. Oh, just HOW did that little girl get her arm broken? Don't ask her yourself...ask the lawyer and let him handle it! Good luck and God bless.
Janet Pierce
2012-09-27 18:44:10 UTC
Did CPS write out a safety plan putting the child with dad? Did they schedule a hearing? Tell dad not to allow the child at moms house?



Here's the problem. CPS in some states just likes to dip a toe in, not get involved fully bc they are overworked.



Unless they gave him a temporary safety plan he only has his visitation rights per court order. If he never got a court order he has NO RIGHTS. Mom can come tomorrow, take kiddo, and disappear.



I'm figuring there's no order bc if there was he'd have access to her school records. If he's at least on the BC he can get a copy from the state.





PS the police have no clue in these situations. Follow their ideas at your peril.
2012-09-27 17:43:02 UTC
For the broken arm I would take her to non emergency if it looks questionable. You can look into medical insurance.most state insurance policies will back date 90 days. Call the non emergency police and explain how the mother is withholding the little girls things and request a police escort for clothing and necessary school supplies and explain this is an ongoing case with cps. Tell the mother this is what you will do if she doesn't cooperate. But try to get the birth father to do this. Its less confrontational then the girl friend. Especially if its the police. The little girl is in your boyfriends custody because they usually try to stick with reletives more times then not


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