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    harperg2's Avatar
    harperg2 Posts: 2, Reputation: 1
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    #1

    Jul 4, 2011, 04:37 PM
    Do you think I can get my kids back?
    My ex wife and I have joint custody of our kids. I have the kids mon-fri and she has them every weekend. I DROPPED THEM OFF with her last week and she never turned them back. I received a visit from dss and they said she called them and stated I;ve been abusing the kids, I'm a foster parent and I have social workers coming to the house and guarden item all the time. Why would I abuse my kids knowing I have social services at my home daily? I've had primary custody of them for 7 yrs and just recently agreed to share joint custody with her to stop the fussing.I just filed a for emergency hearing to have the kids come back home and I want to get primary custody back. I feel she is wrong for not going through the proper channels to let her keep the kids. I feel she shouldve filed paperwork instead of filing a false claim on me. Do you think I have a good case to get my kids back? I missing them and I feel its wrong what she;s doing.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jul 4, 2011, 04:46 PM

    If you are not abusing the kids, what she did was wrong, You need to file in court as you did,
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 4, 2011, 06:06 PM

    I'm a little confused on the time line here. You pick your kids up (or the mother brings them back) either Sunday night or Monday, correct? So what happened when it was time for them to return? Did the mother not show up or hand them over? What did you do then?

    You said you received a visit from DSS, but when? What did you do until you heard from DSS?

    But you did right by filing for an emergency hearing. Does the mother have an attorney? If so, you will need one to protect you. I would subpoena your case worker to testify that there has never been any hint of abuse. Show that you agreed to increased time (by the way you have primary custody since you have the children more than half the time). Request that the court go back to the previous visitation arrangement since the mother has filed a false complaint.

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