DHS wants me to have full custody.

This is a discussion on DHS wants me to have full custody. within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; (Please bear with this brief prologue!) My youngest daughter was physically abused last May and DHS has placed both her ...

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Old Nov 26th, 2009, 03:44 PM   #1
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Question DHS wants me to have full custody.

(Please bear with this brief prologue!)
My youngest daughter was physically abused last May and DHS has placed both her and her older sister in my home (I have physical custody?). Since I could not afford a lawyer to fight for custody in a civil court, the juvenile court stepped in through DHS and a court-appointed attorney. Their father (my ex-husband with whom I had equal/joint custody with) was found guilty in the juvenile court and guilty in the criminal court.

Now neither the father nor I have custody -- DHS was awarded full guardianship and legal custody. However, DHS has told me (both verbally and in writing) that they wish the children be permanently placed with me, that I should be the full custodian and guardian. DHS cannot offer me any assistance with this process in civil court and I'm going to attempt a custody modification ex parte.

Here's my dilemma: How do I propose a future parenting plan with their father? Can I file for full custody with out one? Does anyone have experience writing affidavits? He currently has supervised visits with them for 1 hour per week, but 'the plan' is for more visitations and privileges be awarded in direct proportion to his compliance. This 'plan' is still being created by DHS and I hope to incorporate their vision into a permanent arrangement. We live in Oregon.
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Old Nov 26th, 2009, 05:04 PM   #2
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Default Re: DHS wants me to have full custody.

Quote:
Originally Posted by Mamabear View Post
(Please bear with this brief prologue!)
My youngest daughter was physically abused last May and DHS has placed both her and her older sister in my home (I have physical custody?). Since I could not afford a lawyer to fight for custody in a civil court, the juvenile court stepped in through DHS and a court-appointed attorney. Their father (my ex-husband with whom I had equal/joint custody with) was found guilty in the juvenile court and guilty in the criminal court.

Now neither the father nor I have custody -- DHS was awarded full guardianship and legal custody. However, DHS has told me (both verbally and in writing) that they wish the children be permanently placed with me, that I should be the full custodian and guardian. DHS cannot offer me any assistance with this process in civil court and I'm going to attempt a custody modification ex parte.

Here's my dilemma: How do I propose a future parenting plan with their father? Can I file for full custody with out one? Does anyone have experience writing affidavits? He currently has supervised visits with them for 1 hour per week, but 'the plan' is for more visitations and privileges be awarded in direct proportion to his compliance. This 'plan' is still being created by DHS and I hope to incorporate their vision into a permanent arrangement. We live in Oregon.
My advise to you....take one thing at a time. First gain custody, then discuss (the fathers) contact with him. If you disagree, let the court sort this out. You focus now is to gain full custody.
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