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janedoe101 · Mar 7, 2012, 06:22 PM

I caught a cps case in August Because the d.e.a. Busted in my house and arrested my ex fiancŽ for drugs and guns. So the cps was called. The cps dropped my case in less than three months but in the mean time my daughters father literally grabbed my daughter and took her from me and has only allowed me to see her 3X in 8 mnths. Its killing me... so I finally went to to file papers for court but I call my cps worker for a paper stating she dropped my case but now she's saying that's it dropped but that she found out all the allegations about me are true so imma alil confused. I want my daughter back I miss her. Do u think court will give her back? I was never charged or convicted of anything and I have never done drugs in my life. Also since then I have moved on and I am now married. If they put me on child support will they take it out of my spouses check cause I do not work?

JudyKayTee · Mar 7, 2012, 06:27 PM

No one knows what the Court will do - we can guess, but it's just that, a guess. CPS might have dropped the charges because your daughter was no longer with you, they didn't think the evidence would hold up in Court, something else. They know - ask them.

You were living with your daughter and a boyfriend in August. You are now married to someone else... but have made no attempt to "retrieve" your daughter since the August filing by CPS?

No, child support will not be paid by your husband BUT in some States his income is figured into your living expenses in order to determine how much you have available with which to pay support. For example, if your husband pays the electric bill you don't have to pay it and so you have that money "left over" to pay child support. It's by a formula in SOME States. In some States it's a percentage of YOUR income.

janedoe101 · Mar 7, 2012, 06:31 PM

I have made many attempts but he refuses to answer the fone or his door or his jobs number. He changed his fone number and his place of living so I don't know were he stay I'm so confused?

janedoe101 · Mar 7, 2012, 06:33 PM

Confused as to what to do... im now going to court but u think they will take her from me? I didn't do anything?

janedoe101 · Mar 7, 2012, 06:37 PM

And no filling papers for court I'm sorry...

joypulv · Mar 7, 2012, 06:53 PM

It's impossible to know what they will do.
You don't say 'what allegations are true' according to the worker. A lot might depend on what the boyfriend was charged with, because you created an unsafe environment no matter what you did or didn't do with drugs.

janedoe101 · Mar 7, 2012, 07:07 PM

I'm guessing that she thinks its true that I knew something but I didn't... he was charged with possession of a fire arm and possession of marijuna and crank cocaine with the attempt to sale... possesion of narcotics... I was charged with nothing only given a Cps case they didn't even take my daughter her father grabbed one day while I was walking up my stairs...

JudyKayTee · Mar 8, 2012, 07:38 AM

Here's my very specific problem - your daughter's father "grabbed" her last August and you've done nothing legally to get her back? Why?

I am likewise concerned that you were "only" given a CPS case - that's a VERY serious matter, not an "only."

No one knows what a Judge will do. If your daughter was emotionally or physically at risk with you and your boyfriend you will have difficulty getting custody.

kcomissiong · Mar 8, 2012, 08:45 AM

First, your attempts to get your daughter should not be directed at the father, but at a court. If there is no custody arrangement, you cannot force him to return your daughter. Right now, he has the same rights that you do, and without a court order or agency saying otherwise, no one will intervene to remove her. You should have formalized custody a long time ago, and should have immediately began to act once she was removed from your care. At this point, even without CPS being involved, she has been gone and you have done nothing through the legal system to get her back. That will not benefit you in court. After eight months of her living with her father what have you done? Have you filed for custody or visits?

Your first step needs to be to clarify the status of your case with a CPS worker. Find out of they have requirements that you must complete for the return of your child. If they are not the reason for the change of physical custody, you must ask for a court to award you physical custody.