Can CPS take my kids away if...?

Question

I am the dad with domicile custody of my 2 kids. They live with me. My ex-wife gets them every other weekend. She has 3 warrants out for her arrest. She is living out of a tent with her boyfriend in some ones backyard and sometimes a motel.

A policeman (a friend of mine) told me they could possibly take my kids away from me if they know I am letting the kids go with her. For the reasons above. Now the custody order says she gets the kids every other weekend.

Do I keep the kids with me and go against the order, or Do I let them go with her? Can they take my kids away from me if I let them go?

I am representing myself, I have already been awarded domicile custody. I cannot afford a lawyer. She has not been paying her child support payments, Legal aid will not help me. I know if she decides to call the police if I do not let her have the kids, she will be arrested because of the warrants.

Any help on what to do, Or what you would do in my situation?

Thanks for your help.

Answer 1

You should call an attorney's office and ask them about the laws in your state, they will tell you for free over the phone if they can take the kids. Personally, I do not think that I would allow the children to go with her if they are living in a tent, etc. Can she not just come and visit the children while they are with you? At least then you would know that they can see their mother and they would still be safe. Good luck.

Answer 2

What does the custody agreement say about what qualifies as a safe living environment for the kids?

My cousin lost custody of his kids while he & their mother were living in a tent in a state park, so I do agree with your policeman friend. The courts can say it's not an appropriate living environment. If it's defined in your custody agreement, then you would NOT be violating the order by not allowing your kids to stay with your ex in that situation.

Since you cannot afford a lawyer, I would just call the judge's office -- whoever handled the original agreement. Explain that your ex is not making support payments and is living in a tent, and that you need to know what your obligations are in terms of keeping the children safe. Have them put it in writing and send it to you. Then follow the instructions.

You might also consider calling Child Protective Services and asking if they have a court advocate who can help you figure out a way to keep your children in your safe home and away from your ex-wifes unsafe situation.

Answer 3

If she has warrents for child abuse, then yes, they could take the kids because you are knowingly putting them in harms way.

Just because she is living in a tent in someone's back yard, or living in a motel does not give them rights to take the kids away from you. Any child that goes camping or on vacation lives in that situation for the week or whatnot, so it is like camping to them. A parent must provide food, shelter, and clothing. Which I assume she does while she has them.

If YOU feel it is an unsafe situation, the boyfriend seems abusive, or the people that she lives with are doing drugs or some such thing, then you have every right to pettition the court for a change in the arrangement. Perhaps no overnights. Perhaps supervised.

Have you talked to her about it? Asked her what her goals are? Why have you not told them where she is at so that she can get through this warrent thing and she can move forward with her life and turn it around?

There is plenty that you can do. It's all your choice though.

Good luck.

Answer 4

Hmmm. Maybe you could just go ahead and anonymously give the police her location so that they can pick her up on the warrants. Then the children won't have to go see her at some God-awful flea infested tent! How sad is that? If/When she goes before a judge for the warrants, you could bring up the fact that she's not paying child support. I honestly don't know how all that stuff works though. I'm sorry. I wish you nothing but the best of luck in this situation.

Answer 5

As hard as it may be you might want to call the cops and tell them where she is so she can do the time for the warrants and start fresh. Why would you let your children go to some sleazy motel or in a tent with her and her man? Those are your kids as much as they are hers, and I'm sorry I would not feel comfortable knowing my kids are sleeping in some motel. Chances are they are not staying at the 4 Seasons if she can't even afford an apartment, so who knows what is going on in these motels. I have worked at motels and my friend does now and she always tells me hoe there's a bunch of drugs and prostitutes in them. For the sake of your children, you may just have to let her do her time, maybe then she will think about the lack of direction in her life and why she has a man but has no apartment if she and him are perfectly capable of working. Sounds like laziness to me. Good Luck!

Answer 6

My mom is a foster parents and works for CPS and yes they will take your kids away from you if you let them see her. Why would you let your kids stay in a tent or crappy motel with a lady with warrents. Obviously the next time she comes to pick up the kids or tells you where to meet her call the police on her *** and have her picked up. Therefore you did your part as a dad and as a citizen and the courts will lift the vistations if she is in jail duh. Why you haven't turned her in yet I don't know but you should. Also since you are a single parent and if she was in jail and CPS knew of the situation they could get you help like child support from the government since she is in jail and food stamps and free daycare. Call them and ask for free advice what to do. And why would you have to represent yourself in court all because you cannot afford a lawyer? There are pro bono lawyers for one for two why don't you have a court appointed lawyer???

Anways Good Luck

Answer 7

This is tricky if you violate the custody order you could loose custody she won't get them because of her situation. You need to go back to court and request supervised visits because her living arrangments are unstable. She will have to prove she has residents. You are letting them go into an unsafe and bad environement by letting them go with her but that is the order so it is hard. Why don't you call the police and tell them where she is then she will get arrested and you don't have to take them to her

Answer 8

It sounds like it would be in the best interest if you kept the kids from her. You would be in contempt of a court order, but does that really matter compared to the well being of your children. I personally would keep the kids from her and cut all ties with her. If she can't afford a place to live, then she can't afford to hire an attorney and take you to court. And if you can afford it, just forget about the child support.

Good Luck!!!

Answer 9

I'm sorry to hear you are going through this, but if you have an order that states that she gets the children every other weekend then until you go back to court to have it amended then you have to hold to that order. I would apply for a new court date as soon as you possibly could sighting new unsafe conditions with the mother while the children are in her care that you didn't know existed until recently. No judge in his/ her right mind is going to hold the weekend order if she is living in a tent! good luck and god bless!

Answer 10

Protect your babies at all costs. If you feel they are in danger or not being taken care of there. (Which sounds like the case.) You should call authorities and tell them situation. I bet they would know exactly what to do. Tell the cops where she is so they can pick her up for her warrants. It may buy you some time until you can work something out? Just my opinion, it sounds like a really hard and sad situation. Good luck and God bless!