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msutton84 · Dec 3, 2008, 11:11 AM

My two sons age 5&6 live with their fathers parents who have temporary custody. There have been many incidents of neglect on their part. I have called DFACS but it took them 3 weeks to get out there and they called before they showed up. When they got out there they practically told the grandmother who called by asking her how we got along. Recently I found out that they are in contempt of the original order. I did not have an attorney in this case because I was slammed with two custody cases at the same time. I also have a daughter who lives with her father. I had spent all the money I had on the attornry in her case. The two fathers of my children hated each other until they decided to gang up on me and use the same attorney to try and take my children. I lost custody of my daughter one week and the next week my boys. Because I did not have an attorney in the boys case the judge met with me in his chambers along with the opposing attorney. He told me that he thought my best bet would be to let the grand parents have temporary custody until I could get on my feet and afford a stable home. I have no family to turn to. I agreed with one condition! That my boys father not live in the home with them due to the domestic violence that occurred while we were together. I showed him all the arrest records for these incidents and he agreed. Now the father is living in the home with them. Two weeks ago I picked the boys up for visitation and their father had his hand bandaged. I did not ask what happened, he offered the info. He said he hurt it at work. When we got in our car to leave my boys told me that "daddy lied". They told me that he had pulled a knife on their grandmother(his own mother) and threatened to kill her. She hit him with a chair and then he hit the door facing with his fist and tore the door down! The police were not called and no arrest was made. I called the sherrif's office where they live to see what could be done and was told they had been "taken out of the loop when it comes to custody matters". Though I have a stable home now for 2 years and am in school I can not afford an attorney. I called legal aid and they can't help. I don't trust DFACS. I tried calling the judge he won't talk tp me. I tried calling the clerk of court and asking about filing contempt myself but they don't provide the papers. All I know to do is to get them and keep them next visitation. I know there is a possibility that they could get me for contempt or even get a warrant for interference with custody but I am willing to go to jail to keep my children safe! My question is If they get a warrant would they have to file it in the county they live in with the boys or in county I bring them to in the same state? Also if I were to do this could I put the boys in school as soon as I get them if I have their SS card and birth certificate or would it be hard for me to do this if I have a warrant against me? HELP PLEASE!! I AM DESPERATE!!

uvware · Dec 3, 2008, 11:21 AM

I'm sorry to hear about your case, this is very sad not only for you but for your children.
Have you tried domestic violence organizations or Child Protection Services? I don't know if CPS could do a lot ( I know of a case where they know this little girl was molested in the mothers home by the mother's brother and they still would not give custody to the father) but if you find the right person, who does want to make a difference they could lead you into the right direction.

The other thing is an organization of abused woman, they might have some connections or information on how to go about things. Or even ask if you could just talk to a couple of women to get their experience.

Also, I don't know what school they go to, but I think that schools can get a quicker response for you, especially if your children come to school with bruises or they look like they are being abused. I've heard of stories where a teacher calls in and the police come down right away with CPS.

I'm sorry I don't have anymore information.
I hope this helps.

Justwantfair · Dec 3, 2008, 11:25 AM

I am not an attorney, but you will not be benefitting yourself, your case, or your children by keeping them at your next visitation. You also will not be allowed to enroll them in school as the grandparents are the legal guardians. Without an attorney you are not going to be able to get this situation handled appropriately. You didn't state where you live, but you can file a contempt of court on your own but it needs to be done in the children's jurisdiction, which would be the county where the grandparents live or if your case is still active it would be where the original case was filed. You are not doing yourself any favors in this situation and you will need counsel as soon as possible, if you want to assist your boys.

Fr_Chuck · Dec 3, 2008, 12:12 PM

You can be found in contempt or even with criminal charges of interference with custody in some states.

this8384 · Dec 3, 2008, 04:15 PM

It sounds like a very sad situation. I'm not sure which state you're in but here in WI, unless you have actual physical evidence that your children are being abused, you have no grounds to keep them from the custodial parent.

If you can't prove it, then you can most definitely be held in contempt.

artlady · Dec 3, 2008, 04:28 PM

Many states have legal guardians for the children when parental custody is in dispute.If they have their own guardians (lawyers) I would try to contact them.
If you do not return the children you will not just be charged with contempt of court but in some states kidnapping as well.I say you have to try to trust DFACS and hope that you find a smart compassionate worker who will listen.
You can also reapply for custody and the judge will have to listen to you then.
I can sense your desperation but if you are in jail you can't help your kids.
Depending on what legal rights you still retain you also may be able to file an *order of protection* for your children.
I know it sounds kind of hopeless but do not give up.. eventually someone will listen,sometimes you just have to keep nagging at these bureaucracies to get any action.
Best of luck!

msutton84 · Dec 4, 2008, 01:09 AM

We live in GA.

msutton84 · Dec 8, 2008, 03:34 PM

Update! I called DFCS in their county and raised imortal hell! I think it may have done some good but it remains to be seen. I got a phone call today from the NEW case worker who wanted to know what school they attended so that she can talk with them tomorrow. She said she would call me back tomorrow. I am still skeptical but none the less hopeful! I will update when I hear.