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Family Forum / Marriage / Divorce / December 2007



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C.P.S. terminated my "physical rights" to my 22mo. old daughter

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Cristin - 22 Dec 2007 22:44 GMT
Because I gave 3 positive drug tests, 10 months later on 1/8/07 "C.P.S."
gave ALL "physical rights" to my then 10 month old daughter, to her
father. My legal rights were not terminated. I've completed a
"Drug&Alcohol Treatment Program" successfully and with her father's
permission have cared for my daughter 3 to 4 days out of every week since
that court order was issued. Do I need a lawyer to change this "Court
Order"? What are the chances that a judge will agree that because I've
completed a "Drug&Alcohol Treatment Program", cared for my daughter 3 to 4
days out of every week for the past year AND GRANT MY REQUEST for "Joint
Physical Custody" of my now 22 month old daughter. Are my "Physical
Rights" to my daughter terminated FOREVER. I am 38, her father is 23. Our
relationship is amicable at best, however he enjoys the control and power
he has over our daughter. She needs me in her life. "C.P.S." tore my life
apart - but failed to investigate some red flags her father blatantly
demonstrated in front of their faces (anger management, etc.). I'm at his
mercy and I'm praying that because I've done what the courts asked of me,
AND because my daughter is USED TO AND ACCUSTOMED to seeing me every week,
that a judge will change the original order to "Joint Physical" custody.
Help?

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Rog' - 22 Dec 2007 23:02 GMT
> Because I gave 3 positive drug tests, 10 months later on 1/8/07
> "C.P.S." gave ALL "physical rights" to my then 10 month old
[quoted text clipped - 4 lines]
> Do I need a lawyer to change this "Court Order"? What are the
> chances that a judge will agree... <snip>

ASD is sold out of crystal balls and our Claire Voyant departed
for the coast, but our three wise-ones say your chances are good,
bad and ugly, respectively.  IOW, they have no idea.  I'm guessing
that a CPS investigator/counsellor or some such is assigned to the
case... ASK HIM or HER what they'd recommend.  Bet on that.
=R=
t@home - 22 Dec 2007 23:04 GMT
If you completed a drug and alcohol treatment program then you should
know better than to blame anyone for anything.  This is a situation
that you created and there are consequences to using illegal
substances.  You should be grateful that her father is available to
your daughter.  She could have ended up in foster care.  Change your
attitude a little, be patient.  Don't put your daughter through any
more crap.

> Because I gave 3 positive drug tests, 10 months later on 1/8/07 "C.P.S."
> gave ALL "physical rights" to my then 10 month old daughter, to her
[quoted text clipped - 19 lines]
> Message posted usinghttp://www.talkaboutsupport.com/group/alt.support.divorce/
> More information athttp://www.talkaboutsupport.com/faq.html
phelbooth - 22 Dec 2007 23:54 GMT
> If you completed a drug and alcohol treatment program then you should
> know better than to blame anyone for anything.  This is a situation
[quoted text clipped - 27 lines]
> > Message posted usinghttp://www.talkaboutsupport.com/group/alt.support.divorce/
> > More information athttp://www.talkaboutsupport.com/faq.html

I'm not one to throw stones because I live in a glass
house...certainly I've made my bad choices parenting, but with each
bad choice I became a better and better parent.  You hang in there,
stay sober and clean, and work carefully and patiently and reliably
with all the sources out thre.  You can do this.  Peace be with you.

Fill
Bill in Co - 23 Dec 2007 01:32 GMT
As usual, Toni is spot on.
Sigh, yet another sign of the times.

> If you completed a drug and alcohol treatment program then you should
> know better than to blame anyone for anything.  This is a situation
[quoted text clipped - 28 lines]
>> usinghttp://www.talkaboutsupport.com/group/alt.support.divorce/ More
>> information athttp://www.talkaboutsupport.com/faq.html
downsized_diva - 27 Dec 2007 04:22 GMT
CPS is a bitch, and things will move slowly. It's unfortunate that you had 3
positive drug tests. I don't think you should aim for joint. You're not
going to get it for a while. I would shoot for visitation without
supervision. It may be the best shot you're going to get. They may start
with visitation with court supervision. Think of your daughter in this
situation. She needs stability, and a sober parent. Swallow the pill and be
patient.
I wouldn't think of trying to plead with the ex. Stay on your path and
continue to reach out for help when you need it.

Theresa
 
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