My boyfriend wants custody of his son after he is released in 2005. Do any of you know a successful situation like this? His ex-wife has custody but there has been a Child Protective Services case open on her for a year. They haven't taken the child away, but they haven't closed the case either for some unknown reason.

CPS has been called on her at least 30 times in the last year. The complaint isn't of physical abuse, but mental and emotional abuse. CPS says it's hard to prove that type of abuse.

I think that when my boyfriend comes home and he petitions the court for custody, they should allow it. We will have a stable home, environment, and jobs. He loves his child with all his heart and he's a good father.

Can anyone give us advice?

Some of the factors are going to depend on the prior arrest record.. It is going to determine on many things but I think that it is possible. It is worth the shot.. He sould write to CPS and find out what is going on. He has the right to know.

My boyfriend has been in trouble before, but never served time until now. The reason he's in now is because of a probation violation.

I told him that maybe he could talk to his probation officer, counselor at the prison, and even CPS. I wish that I could do more for him and I've tried, but since we aren't married, no one will talk to me even after he's given them permission to tell me anything.

I will keep on, however, trying to get as much info as possible and send it his way.

You are right they will not talk to you but he can do something from in there.. He can request to know what is going on in the CPS case and he has the right to know so just encourage him because he has to handle this one

I'm not sure if it would help, or if they'd pay any attention to it, but maybe if he has some people that write a letter for him, about why they think he'd be a good father? And his ex having all these issues might also be in favor of him.

Denise,
I work for DCF in Florida and use to in NY. Each state has their own laws but must follow federal guidelines. Is Bill on the current case plan? He needs to find out who the social or case worker is and contact them. He should also write to the courts and demand that he be placed on the case plan. Even though he cannot complete it now it will give him a better chance of custody in the future. He can also request you as his contact person and sign a release of information so you can get info. Shortie is right that his crime will be taken into cinsideration, depending on what it is will determine visitaion etc. He will have to show stable employment, housing, etc. before they will even consider giving him custody. He will probably have to maintain it for atleast 6 months. He will also have to maintain a crime free lifestyle. If you want to, you can e-mail me. I could probably give you move info if I had more details. Remember to make copies of all documents and letters that you send to DCF and to the courts. Also anything that you send to DCF should be sent to the court aswell to make sure there is record of it in the file.
Hope I can help.
Michelle

Good advice michelle.. Funny how everyone has something to contrubite here it is so amazing.

My ex-wife is the daughter of a Lawyer, J.Akin from the infamous Akin/Gump firm.

She recently lost custody of our son to CPS who I am working with to gain custody of.

CPS has one priority, providing a permanent stable solution for the child. Offer yourselves as that solution and at the very begining to willing to voluntarily participate in any review or counseling they want. they'll ask for drug tests, psych evaluations and parenting classes. Offer to go about that and enroll in ongoing pastoral counseling sessions with a church somewhere and then insist that the child stays in counseling to ensure he/she has no lingering issues over the issues that brought CPS into play.

It's not hard, but if he is on Parole for a long time, that will be the only concern CPS will have, that and the nature of the crime.

good Luck.
Ronn

My boyfriend wants custody of his son after he is released in 2005. Do any of you know a successful situation like this? His ex-wife has custody but there has been a Child Protective Services case open on her for a year. They haven't taken the child away, but they haven't closed the case either for some unknown reason.

CPS has been called on her at least 30 times in the last year. The complaint isn't of physical abuse, but mental and emotional abuse. CPS says it's hard to prove that type of abuse.

I think that when my boyfriend comes home and he petitions the court for custody, they should allow it. We will have a stable home, environment, and jobs. He loves his child with all his heart and he's a good father.

Can anyone give us advice?

I have an open case with the department of social services here in california I was recently told by the worker that my childrens father services have been terminated and there is no way for him to get them back. As for myself i am recieving services. I was told alot of things by the department that i later found out to be false. Does anyone here know what could happen to our family once he is released. My fear is that he will not be able to come back in to our home.

Do the grandparents have any involvement in the children's lives? If her parents
are tired of the way she treats the kids they may be willing to side with him on getting custody.

He should also be paying child support and writing them.