[jhutzley]

My twins are 13 I raised for 12 yrs alone! There father was awarded custody because I couldn't afford a lawyer and there grades weren't real good last year since he's had them their grades are up but I have proof of physical abuse also he has refused me visiting! We go to court in one month but 3 weeks ago he dropped them of at his moms and hasn't returned! My girls want to come with me what should I do??

[stinawords]

Is there anyway you can afford a lawyer now? If not get a hold of your county clerks office and ask them what you need to do to get an emergency hearing (if at all possible with your court date not far away). If you have a visitation order you should be getting that visitation as ordered. Keep record of any missed visitation time that is the cause of their father. What state are you in? I ask because different states have different laws, some very similar but some quite different.

[jhutzley]

I'm in Indiana! The girls have been telling me there grandma isn't feeding them drinking and drugs! I reported them to cps and no one has done anything ! I'm working on getting a lawyer! What is the paper to file emergency custody on a paternity case? How does emergency custody work? If they can't locate father to serve paperwork?

[jhutzley]

I'm in Indiana! The girls have been telling me there grandma isn't feeding them drinking and drugs! I reported them to cps and no one has done anything ! I'm working on getting a lawyer! What is the paper to file emergency custody on a paternity case? How does emergency custody work? If they can't locate father to serve paperwork?

I have him in contempt been keeping it recorded of all my visits being refused and filed for custody sepona school councillor who reported there father for abuse! Just wish I could remove them now!

[stinawords]

Well if the school will help that would benefit your cause! If you can't afford a lawyer to draw up the emergency custody petition then write one up yourself. Just make sure that it is well written (no spelling or grammar mistakes and in as professional format as you can) and you fully explain the emergency. That letter gets sent to the judge on your case. If you are not sure how to draw one up there are templates that you can download to help. The best thing you can do is give as much evidence (solid evidence) as you can showing why even though the court removed the kids from your care your residence is better than where the custodial parent left them. Because not to sound harsh but it is legal for the custodial parent to leave them in the care of someone else and you were deemed the lesser fit parent before. I'm not saying it isn't possible but you have your work cut out for you. Anything else let us know. I am also in Indiana so am pretty familiar with the state but there are still others here from other states well experienced! Let us know how it is working out! Good luck :)

[ScottGem]

I have him in contempt been keeping it recorded of all my visits being refused and filed for custody sepona school councillor who reported there father for abuse! Just wish I could remove them now!

I think you can. Custody was awarded to him and not his mother. If they have been staying with his mother for three weeks, then you have a better right to them. I would go pick them up from school and take them home. And then be prepared to explain to the court why you did it. Show that you have been refused court ordered visitation, that the children were not living with the father and that there is a pending CPS investigation over abuse.

At the very least, you go and see the caseworker assigned to the case and try to get their support in bringing the twins to your home.

If you can't get an attorney check with local law schools. Many have clinics that will help prepare paperwork for you.

[jhutzley]

Thanks for all the advice! I talked with cps they are saying that they have to have permission from their father to check on my girls? So I told them if they didn't, I was going to court to prove the abuse because the councillor was testifing! Then I was suing the state for not helping my children! Then she said she was talking to her boss to see if she could go to the school with my permission because she can't contact their father! I wasn't sure if I could go take them home with me didn't want to be in trouble for kidnapping! Wasn't sure if since the court ruled against me if that would be the case? I have visiting rights it wasn't any reason other then us moving and grades! But he has moved 4 different schools in 1 yr. Thanks for everyone's help!

[stinawords]

I'm very glad the cps case worker is trying what she can. I have to say that I am surprised that if the school suspected abuse they didn't do something other than tell you because that is part of their responsibility. Now, having said that they don't report abuse just on a whim they are trained in other things to look for and what steps to take. Not to disagree with Scot but I would be careful just going and picking them up for the same reasons you have just said. In no way am I saying that they wouldn't be safer with you but don't want to make thing worse by telling you to go on and get them anyway just to have you charged with kidnapping. I would still keep in contact with the school (you still have joint legal custody right?) and the cps agent and get a letter to the judge written up even if by this time tomorrow you decide not to have it delivered. Out of curiosity have you spoken with their grandmother at all? And have they been to a doctor to have the physical abuse documented by him/her? As always good luck and please keep us updated!

[ScottGem]

First, you cannot be charged with kidnapping your own children unless you hide them from the other parent. Since the father knows where you live, knows your phone number, then kidnapping can't be claimed. However, if you take the children and the father shows up, you do have to turn them over to him, at least as long as he has a court order giving him primary custody.

In my opinion this is a case where the safety of the children come before any other considerations. That's why I advised to go get them. The grandmother can't retrieve them because she does not have primary custody. By all means, keep the caseworker and courts informed about what you are doing and that you are doing it only because of your concern over their safety.

[jhutzley]

The school did turn their father in to cps! I just called to make sure and the school told me about it! My children said pictures were taken of the bruises! The girls haven't seen a doctor since they have been in their fathers care! I filed contempt on visitation, not providing school reports and medical neglect also filed that they have no residence ,that they are living with grandma! Also neglect of proper clothing is not being provided! Yes I have joint! Also when they originally took custody the court never even delivered the paperwork to me! I found out threw there father! The grandmother will not go against him or me! But she is always drinking and doing drugs! I reported that my girls had told me their was a man staying there hidden from the police! I'm constantly calling and reporting anything that I am told! I'm fighting for my girls! They cry anytime they call and beg me to fight for them!! Thanks for your help!

[ScottGem]

And again, I say go get them! Normally I would not give such advice. I usually advocate strongly for doing everything through the courts. But, if everything you are saying is provable, I can't imagine a court punishing you. There are two clear facts here. One the children are not living with their father who has custody. And two, the children are being abused and not properly cared for. I think that gives you enough to bring the children to your home until the next hearing.

[stinawords]

After hearing that the school did indeed call cps and are fully on your side, I would agree with Scott that I would go get them. Obviously, as he pointed out if the father should come after them you would have to give them back but there probably isn't a great chance of that. Still though make sure you are keeping everything well documented. You had said that you moved. Are you still in the same area that the girls school is in or can you make arrangements for them to still get there everyday? That would be (in my opinion) best if you do decide to keep them under your care until the Judge can modify the order officially. This is especially true being that the school seems to be your biggest advocate right now!

[jhutzley]

I live about 150 miles from their school! So they would have to change schools! Also the school that reported him is not the school they are at! He has moved them twice this year!

[stinawords]

Yowza! (That's a technical term.) How long have they been at that school? Not that I am changing my answer but that is quite the distance. Also, if you bring them back with you and enroll them in school near you would that school be one they have gone to before or yet another one? And one last question then I'm done for now, promise, which county is your case out of the one the girls are in now or the one you are in? Again, not changing my answer just wondering because I don't know what kind of impact that will make in moving the kids to another county. (maybe none since this has already become quite complicated and nothing you would find in a "text book").

[ScottGem]

Just want to add, the additional info doesn't change my answer either. Since the children have been moved around to several schools (indications he is trying to hide the abuse), moving them again will not have a major impact. However, you might want to wait until winter break starts.

[jhutzley]

This is the 3rd school this year! We had this custody case in Henry county! I actually live in maddison county! Which we lived in Madison county when this all took place! So yes another school would have to be! I think winter break starts in two weeks!

[jhutzley]

They have been at this school for a couple months

[jhutzley]

And you are right! I believe he has moved them to hide the abuse because as soon as the school reported him he moved them shortly after to a new school! Also thanks for your help! It has helped so much!

[stinawords]

I'm glad we were able to help some. Please come back if there is anything else and let us know how it worked out for you. Good luck!

[ScottGem]

Was the original custody order in maddison? Then the case should be handled there.

Glad we are able to help. Please keep us posted.