View Full Version : What it means when court has Jurisdiction over ur child


Momlovs3
08-03-2004, 11:31 AM
I recently got accused of neglect towards my 5 month old baby, my own mother and sister called CPS and made allegations that I was seeying my babies father which has been accused by my oldest daughter of sexual abused, of course CPS has to be all over ur business and now doesnt even want the baby to be near him, he hasnt even been convicted yet, anyhow CPS made the investigation and it was unfounded but that cost my child to go to foster home for a week until we went to court and baby was return to me although court still has jurisdiction over her, I'm new to all this so would like to know how long do they keep the jurisdiction over my child, next court day is Sept 29th for pretrial. This is outrageus (sp) all because someone decided to be malicious towards me. Any advised would be appreciated.

Thanks

mrsdragoness
08-03-2004, 12:53 PM
Each state has different rules. For instance, when a couple divorces in Michigan and there is child support/custody orders issued by the courts, the court has jurisdiction over the children. The courts don't get involved unless an issue is raised, however they often maintain that interest (jurisdriction) until the child is of legal age.

In your case, the child was given back to you, but the courts still have a vested interest in your child.

It can be a broad term depending on the situation. You should ask child services and/or your attorney if you have one for a description of the laws/rules regarding your child/situation. That way you will get the correct version in your situation.

mrsd.

westybosm
08-03-2004, 01:04 PM
I can't even imagine what you or your children must be going through but here are some web pages that may help. Good luck to you!!

http://www.informingyou.com/Home/childabuse_falselyaccused.html

http://www.allencowling.com/falseacc.htm

ChandaMija
08-04-2004, 07:31 PM
Momslov3, it doesn't matter what you do..... Dept. of Human Services (DHS/CPS) *WAS* spying on you and your child to verify your relative's comments. They saw that you allowed contact between the child and the father. But first, they will decide whether the case is intermediate (warn the mother and set up a 'safety plan' allowing the child to stay with the mother) or severe (immediate removal of the child from the mother's care). It sounds like they decided that your case is severe so they took your child away? I don't know the whole story yet... But the wording "jurisdiction over your child", it means... I can't say it any better, but here I go.

"You Lost The Custody Of Your Child."

You have 12-14 months to comply/do what they tell you do to get the custody back of your child from the state. I went through that. *I* am not a bad mother, and the state took wardship of my child regardless because the baby's father is an alcoholic and their 'sources' said that I allowed contact between them. To this day, I got custody back of my son 3 months ago and it's going pretty good lately! :D ANY questions or complains, PM me and I'll feedback.

ChandaMija
08-04-2004, 07:36 PM
I want to warn you and all other parents... the states generally stopped the tradition of moving a child from a foster home to another foster home until the age of 18 or 21 depending on their condition. What they do now is wait 15-18 months from the date they took your child out of your care, then they'll put your child up for a 6-months adoption to a family who wants a child. During that first 6 months in adoption, they'll wait for your response and see how you are for your LAST CHANCE. If all doesn't go well, the child will be adopted permanently until age of 18 or 21 by THAT family.

Momlovs3
08-04-2004, 09:23 PM
chandamija,

I didnt lost custody of my child, my child was return to me the day we went to court and I have full custody of her , furthermore CPS send me a letter saying they didnt support the allegations that were made to them that I was with the babies father, they return the baby under the terms that I renewed the restraining order against my husband, that the care and protection plan remains in place, and that court has jurisditction over my child in the mean time. But she was return to me on that same day we went to court. I just would like to know how long can this last I mean cause right now I can't take my child out of state until the case is settle and I dont want to feel im trap forever with this people im doing as they said so everything can go back to close to normal again.
Thanks for your advise

Sunnie
08-04-2004, 09:50 PM
Cps returned the children to your care, but they still have jurisdiction (custody) until you comply with the terms of the conditions they stated. You MUST comply with them, get a restraining order on your husband or they will take your children. They are usually good for 3 years and or you can get a permanent order. Not sure what they mean. I would ask. Because of the allegations against your older daughter true or not is grounds for them to take jurisdiction and they may want you to have a permanent no contact order against him until the baby is 18 or 21. Not sure what state you are in.

Just comply and things should be ok.

Momlovs3
08-05-2004, 11:25 AM
Im doing as they say. I got the order and was issued for one additional year, by that time Im not sure will be living here in the USA either so who cares, my husband will be leaving soon back to our country then I will once they dismiss this case. I know we wont be able to leave together again in the country once accused on sexual matter forget it noone can erase that.

ChandaMija
08-05-2004, 12:54 PM
It sounds like they're watching you closely. It sounds like this will go on for 6 months with the spying and all that. The state does have the custody of your child but the child is in your care. That's one step before foster care... you're lucky, STAY THAT WAY! Just do what they say, APPEAR IN ALL LAST-NOTICE MEETINGS and all that, then you'll be fine. Since your child wasn't taken, you two are lucky that you don't wait 12-14 months. Now, you just wait 6-9 months for the case to be finalized and closed. Lucky you.

Dre's Lady
08-06-2004, 11:30 PM
WOW.....I'M SORRY TO HEAR THIS. I PRAY THAT EVERYTHING WORKS OUT FOR YOU AND YOUR KIDS