QUESTION
How do I get custody back of my 7 year old daughter?
Asked on Nov 20th, 2013 on Child Custody - New York
More details to this question:
On April 16, 2013 my son accused my fiancé of abuse and my 3 children were voluntarily removed from my home. I had just come out of surgery and was still foggy from anesthesia when the social worker convinced me to let them take my kids on a 72 hr hold. They later filed a CHIPS petition for only my 7 year old daughter, saying she had witnessed abuse. There was never any abuse and the CHIPS case was dismissed. In court I had given my husband, whom I'm getting divorced from, temporary custody of our 7 year old. They said they dropped the CHIPS petition because I had given him custody but I only gave him custody while we were dealing with the CHIPS. Now I still have to do supervised visits with her and I'm going to trial for my divorce and want the custody changed before the divorce is finalized. I don't have an attorney. How do I petition for the custody to be changed? How do I petition for the judge to interview my 7 year old daughter?
3 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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The simple answer is that you file a motion for what you want. The problem is that your 7-year old is too young to determine what she wants. The other problem is that you need an attorney. Just because you don't know what you are doing is no excuse. You need to prove to the court that you can and your fiance can provide a safe and stable environment. The CHIPS people didn't think you were doing that. You say there was no abuse, but somebody thought there was something. If you want your daughter, you will have to have an attorney. Right now the deck is stacked against you.
Answered on Nov 22nd, 2013 at 7:55 PM
Get ride of your fiance/abuser and request a change in custody. If your boyfriend/abuser is still in the picture then cps will file a petition to remove the kids if they are at risk.
Answered on Nov 22nd, 2013 at 7:38 PM
Bruce Provda
Talk to your divorce attorney and petition for custody in the divorce.
Answered on Nov 20th, 2013 at 4:31 PM