temporary cusotdy and cps

for lack of a better title

My husband and I are not divorced, but have been separated for over two years. We have joint cusody of our two children, but he was appointed primary custodian by the Sevier Co, TN court sysem in 2005.

In the past year, two complaints to CPS have been filed on him. Our children are rarely bathed when I picked them up every week and the house is covered in dog feces (esp. the children's rooms and it will sit there for days). The two times CPS went out, they called two days in advance, he was able to clean up, and they deemed the house livable and the kids to be in no danger whatsoever. I just filed the third CPS complaint last night, but am afraid nothing will be done. I have been told by my lawyer since CPS has seen nothing wrong, if I withhold them, it could be consiered custodial kidnapping and I may lose all my rights. That is also stated in our paperwork from the court. So, if CPS won't do anything, how do I get my 5 and 3 year old out of that?

Also, when I have them, I am at my mom's since at the time I live in a pay-by-the-week motel (series of unfortuante events) that also isn't the best place for them. I do not have a car, so living with my mother who is almost 45 mins away from my job is not an option since she lives in the boonies. Would transferring temp. custody to the paternal grandparents be a problem with or without CPS cooperation? I need to get them out ASAP.

Has anyone had a similar situation or know what might help?

The court is likely going to to leave them with Dad unless there is a proven issue that makes him unfit.

You could try to bring more evidence tot he attention of the court.

Or when you get settled you could perhaps argue that your place is better, more convenient, or whatever else you can say.

Originally Posted by Unregistered for lack of a better title My husband and I are not divorced, but have been separated for over two years. We have joint cusody of our two children, but he was appointed primary custodian by the Sevier Co, TN court sysem in 2005. In the past year, two complaints to CPS have been filed on him. Our children are rarely bathed when I picked them up every week and the house is covered in dog feces (esp. the children's rooms and it will sit there for days). The two times CPS went out, they called two days in advance, he was able to clean up, and they deemed the house livable and the kids to be in no danger whatsoever. I just filed the third CPS complaint last night, but am afraid nothing will be done. I have been told by my lawyer since CPS has seen nothing wrong, if I withhold them, it could be consiered custodial kidnapping and I may lose all my rights. That is also stated in our paperwork from the court. So, if CPS won't do anything, how do I get my 5 and 3 year old out of that? Also, when I have them, I am at my mom's since at the time I live in a pay-by-the-week motel (series of unfortuante events) that also isn't the best place for them. I do not have a car, so living with my mother who is almost 45 mins away from my job is not an option since she lives in the boonies. Would transferring temp. custody to the paternal grandparents be a problem with or without CPS cooperation? I need to get them out ASAP. Has anyone had a similar situation or know what might help?

It's highly unlikely that the court would allow custody to the grandparents without positive proof that BOTH parents are unfit.

The first thing you need to do is to get your situation straightened out, get your own place, then you can try filing for a custody change to you. Gather all evidence that you can.
unfortunately, if you are the person who has filed all the CPS complaints, it's not going to look good for you. Are your children in daycare? If so, talk to the daycare workers and ask about any clenliness issues, etc that they are having. daycare workers are required to file a complaint with CPS if they belive a child is being neglected. Basically, you're going to need others to report the problems, mainly to back up what you have reported.

When you go to pick up your children, do you normally go into the house?
If so, here's a little thing you can try, but you need to do it carefully. Take a camera with you, and make it like a game or something where you take the pictures of the children, but try to frame the pics so that you're also showing the filth, etc. It's iffy as to whether or not the pics can be used in court, but they can help convince CPS that there is a real problem.

any one who makes up false allegations of abuse or neglect is a child abuser.

Originally Posted by Unregistered for lack of a better title My husband and I are not divorced, but have been separated for over two years. We have joint cusody of our two children, but he was appointed primary custodian by the Sevier Co, TN court sysem in 2005. In the past year, two complaints to CPS have been filed on him. Our children are rarely bathed when I picked them up every week and the house is covered in dog feces (esp. the children's rooms and it will sit there for days). The two times CPS went out, they called two days in advance, he was able to clean up, and they deemed the house livable and the kids to be in no danger whatsoever. I just filed the third CPS complaint last night, but am afraid nothing will be done. I have been told by my lawyer since CPS has seen nothing wrong, if I withhold them, it could be consiered custodial kidnapping and I may lose all my rights. That is also stated in our paperwork from the court. So, if CPS won't do anything, how do I get my 5 and 3 year old out of that? Also, when I have them, I am at my mom's since at the time I live in a pay-by-the-week motel (series of unfortuante events) that also isn't the best place for them. I do not have a car, so living with my mother who is almost 45 mins away from my job is not an option since she lives in the boonies. Would transferring temp. custody to the paternal grandparents be a problem with or without CPS cooperation? I need to get them out ASAP. Has anyone had a similar situation or know what might help?

Are you trying to present yourself as the FIT parent, because your situation doesn't seem even remotely idea. These filings will come back to you, you have no residence or car. Going to Moms without a bath isnt against the law (what if they were out playing until they left).

Why would you transfer custody to HIS parents? Do that and you may not get it back

[Gbyte]

Originally Posted by Unregistered any one who makes up false allegations of abuse or neglect is a child abuser.

Um...I don't think they are false allegations...though I think she is reaching a bit.

My friends ex-wife didn't bathe the children....AT ALL. They also wore the same cloths ALL week (including underwear). The stench from those children was unbearable when they were picked up. When the non-custodial parent tried to get childrens services to do something...they would not. They stated that since they were bathed (at least one a week), that was acceptable.

They also gave her 48 hours notice and she cleaned.

Get settled in a REAL home close to your kids. Find a way. Get stable.

[Sezen]

I agree with Gbyte