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{Washington}-Ex-parte restraining order/show cause-Summons/Petition to modify custody

This is a discussion on {Washington}-Ex-parte restraining order/show cause-Summons/Petition to modify custody within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; In 2010 my ex and I signed a Parenting Plan naming me as the primary residential caregiver (custodial parent) and ...

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Old Jul 23rd, 2012, 06:05 PM   #1
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Confused {Washington}-Ex-parte restraining order/show cause-Summons/Petition to modify custody

In 2010 my ex and I signed a Parenting Plan naming me as the primary residential caregiver (custodial parent) and giving him generous visitation rights. We live about 70 miles away from each other in separate counties. He has had very minimal contact the past 2 yrs with our child and seen her maybe 10 times. In April this yr I had a isolated relapse, immediately began the steps to get re-assessed and deal with the issue. I wont go into at length but my neighbors boyfriend was hurting her 3yr old daughter and I ended up calling the CPS hotline to report it because she refused to tell the cops when they came and the incident was serious. she had been dodging cps for about 2 months by this time so the next evening they came to her home and picked up her child. I asked to remain anonymous but given the circumstance gave them my name because an anonymous call will supposedly get screened out. They knew it was m that called and the boyfriend threatened to have my child taken at any cost even if he had to lie. He called the hotline and made an ANONYMOUS report of abuse and neglect stating that my child walked around in a meth haze, I never fed her, there was extensive drug use in my home, She was often left unattended, Porn played on the my tv 24/7...a whole bunch of VERY damaging lies. CPS ended coming to my home when I was not there with the cops. When my babysitter told her I wasnt home she asked if she could just see Kemeryn to make sure she was okay and left her card. I immediately called her and scheduled a home visit for the next day. I tried explaining to her that it was false allegations but she said I didn't have a choice that she could come weather or not I agreed and most likely it would end up bad. She came into my home. A clean home with no porn or drugs, I made her come see my childs bed room and look into the cupboards and fridge they only thing she asked was to turn on the computer to see if porn was playing as a screen saver....She asked if we would take a survey for her just for statistic purposes. Then she asked if I would like any referrals I declined letting her know that I had already had my counseling in place. Then she started saying something along the line as "Due to the nature of the call she was going to have to require me and my husband to take a u.a." I didn't think that it was right because the nature of the call being a false allegation against me and the fact I could prove it to be false. Anyway I refused and ended up telling her I had relapsed the month prior and was already involved in treatment. A few days later my ex calls me saying that if he didn't come get our daughter CPS was going to take her and we would never see her again. That scared me and I couldn't get a hold of the cps worker so in complete unsureness I let her go with him. I called CPS for a week without a reply then on the 27th I got a hold of her and asked her point blank if there was any type of paper work or court orders stating I could not have my child she told me NO i asked her a few more times and she said there wasnt any paper work because there wasn't a open CPS case. On the 27th my husband went to get my daughter because I had warrants in the other county at that time he was given a safety plan dated the 23rd of the month stating that our behaviors were uncontrollable and unmanageable and there were unaddressed addiction and mental health issues in our home and legal issues that could lead to my inability to safely parent my child. pending a FTDM (family team decision meeting) on the 31st. so she lied to me bold faced. I was attacked at the meeting I attended with my sponsor of 5yrs and all my family. They requested my husband take a hair follicle test, I a UA and also to get a mental health and drug assessment. That day I had my assessment scheduled but they wouldn't listen to me and said my girl should stay with dad. Everything was supposed to be completed by the next day. I did the assessment and went to take the drug testing but there was not a referral. I asked if I could just pay out of pocket and was told no because of the cps involvement. So we went else where to take the tests........PASSED......but CPS lady wouldn't accept them regardless of the fact it was a reputable testing agency. Then when I said I was going to pick up my child because there wasn't a court order they produced another safety plan saying I was refusing there voluntary services and the current drug use was a major concern as well as the legal stuff ( I had the warrant quashed by then) I had a visit with my child then on that Tuesday the 12th of June I got a call from my child's dad saying court was in a hour he was motioning to modify and reverse custody. I went to court he got a temp restraining order and the judge put it off 2 weeks. He never served me and when I was in the court room they said court was at 10:30 then after I left in tears changed it to 9am. I filed a response and other papers but they were sent back because the piece of paper I got from him had the incorrect heading on it so all my paper work in response did to. the next court date I was late and the judge continued it because he didn't serve me or the state and needed to take a parenting seminar. The next court date on the 9th of july was continued because he served me some of the paperwork himself. I was unable to properly respond because I didnt know have all the paperwork to do so. He was told he needed to properly serve me, the state and confirm the hearing. HE FAILED TO CONFIRM THE HEARING!!!!!!!!! so today in court we sat there together and finally talked and agreed we could come up with some type of parenting plan. The ex parte expires tomorrow and he said I could pick up our daughter ob Saturday. I don't know if I trust a word he says because of all his stalling and not being forthcoming with info. There was a false safety plan submitted and he accused me of making it however if I would of acted on it I would of been arrested. Please if you have any advice to my saga I will be forever grateful
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Old Jul 24th, 2012, 09:17 AM   #2
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Default Re: {Washington}-Ex-parte restraining order/show cause-Summons/Petition to modify cus

First and most important piece of advice I can give at this point in time is -- "get a lawyer!" You will need one to navigate the court system, establish your credibility, one who knows the law and what can and should not be done -- both in court and by CPS. A good lawyer can poke holes in whatever evidence they have (or do not have), present for you what the court needs to see and assure that any parenting plans are drawn to protect your interest and the child's.
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