I turned in a mother that was neglecting her children and also having sex infront of them.Now the mother is tring to sue me for making false acusations. I know that thease things are true because her children have come to me and told me about the situations they have seen. It is horrible. The child survices did not take them away from her. Is it possilbe to file for emergency custody? Even tho the trial is goin on?
2006-06-21 17:13:50 · 7 answers · asked by Anonymous in Pregnancy & Parenting ➔ Parenting
I am not sure how she found out. I just know that she came to me very very angry. The things thease children tell me you wouldnt believe. We used to be very close friends and she would tell me about all of her relationships (a nice word for whore) but I never knew that the children were seeing what should have been behind closed doors. Thease children would ask me about certain positions and I would say where did you hear that from and they said they saw their mommy do it in the living room with so and so. My family is/was close with her and her children!
2006-06-21 17:21:40 · update #1
I would make sure that I ran as much as I could by an attorney before I did it if I were you....while your first concern is right where it should be and that's with the kids, you don't want to seem like you're harassing her. The children should have been asked about these things by the social worker. Emergency custody is possible but I think it's also very rare. Like immediate severe physical danger criteria. But ask your attorney, he/she will know!
Good luck and God Bless those kids and you!
2006-06-21 17:46:11 · answer #1 · answered by dwmajick2 2 · 0⤊ 1⤋
Unless you are family, you have no standing to sue for custody of someone else's kids. Besides, if CPS felt they were in danger, they'd have removed them and placed them elsewhere.
How is she going to sue you? Lawsuits take money and she'd have to put up with some ugly scrutiny.
Making a case for neglect is tough unless there are multiple witnesses and CPS isn't going to do anything unless it is glaringly severe. I once knew a child that had a horrible case of lice and her mom wouldn't do a thing about it. Kid kept getting sent home from school. A neighbor did report it but nothing was done.
Kids have to be obviously in danger.
Your best bet is to contact the school and see if they've seen any signs of harm. Also other neighbors.
Ultimately though, neglect can sometimes be a matter of interpretation. I might think the fact you never pay your kids any attention and they run all over the neighborhood is neglect, but the authorities usually don't consider that a big deal.
Not feeding them, leaving young ones home alone, leaving them always very dirty and unkempt..that's more up their stream.
Now if you could just find those kids home alone...and get the cops over during that time...your case would be dismissed!
2006-06-21 17:22:29 · answer #2 · answered by Lori A 6 · 0⤊ 0⤋
Trial? She's been arrested, charged with a crime and is going to trial? And Child Protective Services have left the children with her? That sounds very odd.
At any rate, I imagine you could offer to provide foster care, but the process of getting certified will take time.
Actually, if ~I~ were a decision maker, I don't think I'd ever allow a non-related person who made accusations which were not substantiated to even be considered as a custodial care giver. What would keep neighbors from calling whenever they decided they'd like to raise the kids next door?
I'm not suggesting that this is the case with you, but it would just be too easy. Just about everybody thinks that they can raise kids better than most other people.
2006-06-21 17:21:45 · answer #3 · answered by LazlaHollyfeld 6 · 0⤊ 0⤋
When children are removed from a primary parent's custody, Children's Services usually tries to place them with the other parent. If the other parent is either unable or unfit to be given custody, they then turn to other family members. Very rarely do friends or former friends get custody of children unless they are already certified for foster care in their state. Even then, it's rare because you aren't considered to have an interest in the case.
And what "trial" is going on? Usually Children's Services just conducts investigations. A trial implies that charges have been filed and that the parent has been arrested for a crime. If she's been arrested for her conduct, she has no grounds for suing you unless your accusations are found to be groundless.
You could try to file for emergency custody, but I wouldn't bet on it being granted. If you're going to try for any type of custody, please get a good attorney. You'll need one.
2006-06-21 18:52:20 · answer #4 · answered by Bob S 3 · 0⤊ 0⤋
It is going to bw extremely hard to prove your case in court. The children would have to tell the judge themself. When that happens you might have a chance if their are no other family members. If there are then chances are you cant. How did she find out that it was you that turned her in? It is supposed to be annoynomous. It is against the law (well atleast in Fl) for the service worker to give out this info.
2006-06-21 17:17:46 · answer #5 · answered by lvb524 3 · 0⤊ 0⤋
what type of trial is going on? It is possible , more likely if you are a relative although still possible. talk to your attorney about an exparte order for emergency custody. I work for Children Services (DHS) in Arkansas. every state is different. Good Luck!
2006-06-21 17:21:25 · answer #6 · answered by nicname 1 · 0⤊ 0⤋
If child services did not take them away you can't. But I would keep a eye on the kids and if you see something going on I would call CPS right away.
2006-06-21 17:20:13 · answer #7 · answered by shelia j 3 · 0⤊ 0⤋
It may be, your going to have to fight and try hard to get those kids into a better place, nobody deserves that.
2006-06-21 17:15:12 · answer #8 · answered by Hozzy 2 · 0⤊ 0⤋