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Custody questions

post #1 of 8
Thread Starter 
Does anyone know about a temporary custody order or something being put into place due to inappropriate living conditions? The house is in the process of being condemned. Rotting floors, bad electrical system etc. Besides there are 4 children 3 boys, 1 girl, ages 14-4 and two unrelated women living in a VERY SMALL two bed house.

More Questions Has anyone had to go through a homestudy for custody? Will she have to do everything she requests of us? Who pays for it? Anyone had to have SC removed from the other bio parent by CPS
post #2 of 8
I would really need more information. Are you claiming that the conditions that the children are living in are unsafe and a hazard to their health and safety? If so, then you might want to get your local child protective services agency involved. In my state, CPS can remove children from unsafe home conditions with an ex parte order, but it is temporary- initially it's for 14 days.
post #3 of 8
Thread Starter 
Yes it is unsafe the county inspector has filed an order that all persons vacate the premises. Wouldn't we risk foster care with CPS? He told me himself that it is UNSAFE and that NO ONE especially children should be in the house. That he'd be glad to work with our attorny to get those children out of there.
post #4 of 8
Thread Starter 
More questions in first post.
post #5 of 8
Sorry, I don't really know the answers to most of your questions. I do know, though, that foster care is reserved for children who don't have an appropriate family member to go to, and these kids obviously do. If they've been ordered to vacate an unsafe premises and they're refusing to do so, you probably have good cause to make that call.

I don't know about the homestudy; custody of bio children is not the same as adoption and I've never heard of an intensive study except when custody is hotly contested and one parent is claiming that the other is unfit. That, of course, doesn't mean it won't happen.

I think it's time to talk with a good family lawyer. Sorry you're in such a tough situation. I hope you get those kids safe real soon.
post #6 of 8
I was removed from my home as a child due to abuse and the state put me right with my dad. there were several licensed foster homes in my city with room but b/c i had a living relative willing to care for me, there i went. when the county sheriff called us re:my skids, we were told that should the situation continue we needed to be prepared to take them. you could contact your atty and request a change of custody due to the inspector's report and see what the court does. if the state takes the kids, the other bio parent usually gets custody.
post #7 of 8
I know that my sister's ex got a temporary custody order for a similar situation here in Oregon - so I know it's possible. You should be able to file for an emergency hearing - and be seen within 10 days to make your case for temporary custody. I do believe judges are loathe to change permanent custody, but s/he would likely stipulate that bio mom couldn't regain fulltime custody (or even overnight visitation) until a suitable living situation was attained. (Have you talked to bio mom about a voluntary temporary living arrangement? That is, perhaps she'd agree to let the kids stay with you given certain visitation parameters until a new living arrangement was found - without having to go to court.)

Regarding homestudies and other requests by one parent. I don't know anything definitive, but my sister's ex, again, requested a homestudy and the judge ordered that they both be subject to the homestudy and said that the requesting party must pay for it. (In their divorce, however, when he requested a psychological evaluation, they both had to go through it and split the costs.) I hope this helps - what a frustrating situation for you!
post #8 of 8
Thread Starter 
Thanks for the advice we do have a preliminary thing schedualed for the 9th of august. This was in place before we found out about the house. DH still hasn't called our atty.
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