QUESTION

how do i get my child back after i am released from jail

Asked on Apr 18th, 2016 on Child Custody - Idaho
More details to this question:
I was arrested for parole violation, I wasn't paying my PO fees. CPS took my little girl to her undocumented dad's sisters home. The sister is a felon. The dad has other children he doesn't support. I want to know how to legally make sure to get her back when I am released from jail.
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1 ANSWER

Family Law Attorney serving Boise, ID at Naugle Law Offices
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If Child Protective Services was involved in placing your child in the care of a third party then that branch of the Idaho Department of Health and Welfare of must have initiated a child protective legal proceeding on behalf of your daughter.  You should have received notice of the first hearing and any subsequent hearings, as well as copies of any orders issued in that case.  You should also have been contacted by a H&W caseworker to discuss your case and the plan the Department has for reuniting you with your daughter.  If you have not receivecd any written notiecs or orders and haven't been contacted by a caseworker, you should contact the Department to ask if a case has been filed.  Be sure to give them the names of all parties, including your ssiter-in-law and your daughter.   If there is a pending child protective proceeding, you will need to resolve your rights to your child through that proceeding.  Usually that requires metting several conditions that the Department sets out for you, such as obtaining employment having a suitable place to live, and, often, participating in certain remedial and/or treatment programs. Good luck.  merrisnaugle@mindspring.com        
Answered on May 07th, 2016 at 8:52 AM

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