I love my girls and need them back asap!!!

Holly Ann Nicole - posted on 01/22/2015 ( 7 moms have responded )

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I am a mother of two beautiful girls I have been there and raised them both pretty much by myself since they were born, their father has not been in their lives because I got away from him cause he was very physical and verbally abusive towards me and my kids, he recently found out he was being put on child support and came and picked up my girls and now wont return them, I talked to a lawyer and because CPS is involved due to my daughter having cradle cap which is common for any baby in the world, well the CPS will not let me go get my children because my daughter had cradle cap and they think it was something else and it was NOT. Anyways I talked to a lawyer she told me what CPS is doing is not legal because there is not court ordered papers signed from a judge saying they can keep my babies from me. CPS has had this case opened for 35 days and will not respond to my phone calls or even answer my phone calls they told me when they opened the case they are trying to get medical neglect on me, but they cant and they are still trying that's why there keeping the case open for so long so when we go to child support court my girls's father will have more of a chance to keep them, And its not right I am single and have no way of hiring a lawyer and which I need one very bad and quick. My girls love me and I love them with all of my heart and this right hear is hard on my children my oldest calls me crying saying I want you mommy can I please come home and it breaks my heart and makes me cry my eyes out. Is there ANY WAY ANY ONE CAN HELP I NEED TO GET MY BABIES BACK HOME WITH ME THEIR MOTHER WHERE THERE SAFE LOVED AND CARED FOR THE CORRECT WAY, their father is out drinking every weekend and leaving my children with his sister that has four kids her self that she doesn't even like taking care of, SO PLEASE CAN ANY ONE HELP I AM IN DESPERATE NEED OF HELP GETTING MY GIRLS BACK ASAP!!!!!!

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♫ Shawnn ♪♫♫ - posted on 01/22/2015

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I’ll address your points in order, quoting you so that you can see where I’m at.
“I have been there and raised them both pretty much by myself since they were born, their father has not been in their lives because I got away from him cause he was very physical and verbally abusive towards me and my kids”~~Did you, when you grabbed the kids and left, get custody set in court, and have support requested at that time? It sounds as if you did not.
“he recently found out he was being put on child support and came and picked up my girls and now wont return them”~~If you don’t have specific orders granting you sole legal and physical custody of those kids, he can take them anywhere he wants, whenever he wants, just like you can because, just like you, he is their parent. Any law enforcement organization will tell you the same. Its not kidnapping, you don’t have custody orders, and neither does he.
“because CPS is involved due to my daughter having cradle cap which is common for any baby in the world, well the CPS will not let me go get my children because my daughter had cradle cap and they think it was something else and it was NOT”~~If CPS is investigating based on a call or allegation from someone, they are doing what they are supposed to do. At this point, they have nothing to do with keeping your children away from you…you don’t have court ordered custody, so they can’t legally take the kids from their father.
“Anyways I talked to a lawyer she told me what CPS is doing is not legal because there is not court ordered papers signed from a judge saying they can keep my babies from me”~~Did you actually retain this lawyer, or did you ask a “what if” type of question? Most likely, they reiterated the laws regarding custody, that there’s no legal reason the father cannot have the children.
“CPS has had this case opened for 35 days and will not respond to my phone calls or even answer my phone calls they told me when they opened the case they are trying to get medical neglect on me, but they cant and they are still trying that's why there keeping the case open for so long so when we go to child support court my girls's father will have more of a chance to keep them,”~~Ok, here, this is rambling. You should have a caseworker, assigned by CPS, if there is an open case regarding your children. This is the person that you should be contacting. If you were not given a caseworker, ask to have one assigned. I guarantee that CPS, your ex, and the courts aren’t in some evil collusion to take your kids. However, YOU need to take the proper legal steps as well, which, at this point sounds as if you have not.
“And its not right I am single and have no way of hiring a lawyer and which I need one very bad and quick.” ~~Its not necessarily right for you to try to keep the kids away from their biological father without proof of danger towards them, and without proper court orders, either. As far as you not being able to afford an attorney, nearly everywhere on earth now has legal aid offerings. You need to search for low income legal aid in your specific area. Google will be a great help with that.
“My girls love me and I love them with all of my heart and this right hear is hard on my children my oldest calls me crying saying I want you mommy can I please come home and it breaks my heart and makes me cry my eyes out”~~I’m certain that you do love your kids, and they you. Now you need to take the correct legal steps to make sure that their father has access to them, or prove why he shouldn’t (drinking and leaving the kids with another adult isn’t proof, just so you know, you’ll need actual arrest records, convictions for violent acts, etc) and to keep them physically in your home.
Understand that you may not necessarily agree with the court’s decision, either, but you, on your own, do not have the right to determine parental access, visitation, or otherwise. If you are not willing to work with the legal system, you could stand the chance of losing custody permanently.

Good luck

Jodi - posted on 01/22/2015

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I can't say whether what CPS is doing is legal or not, but what the father is doing is just as legal as when you removed them from him. Do you have any custody orders in place saying your should have custody of the children?

Ev - posted on 01/22/2015

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You need to get a lawyer first and foremost. Also, CPS has reasons for taking kids form a home situation not just because. And how do you know he is out drinking every weekend and leaving the girls with his sis who has four of her own and how do you know she does not like taken care of them?

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