My question involves child abuse or neglect in the State of: West Virginia.
I am in the Army and will be deployed next month.
Six months ago, my ex was in a drunk driving accident with my kids in the car. They were removed from her home and placed in foster care. She told CPS that she didn't know where I was (I am stationed in Texas, she knows that), so my kids (my daughter and her step sister who isn't my biological child, but I call her my daughter) were in foster care for three weeks before CPS got ahold of me.
I live in the barracks so I couldn't have the girls come and live with me right away. So my parents went through finger printing and foster care classes to get guardianship of the girls until I could set up a home for them. Then I got notice of deployment. My parents have the girls now and they're doing great and have started a new school. My parents had to go through classes because one of the girls isn't a blood relative.
My ex has not had her trial yet for the accident, but at a pre-trial hearing last month, my lawyer showed the judge our custody arrangement. It says that if my ex isn't able to take care of the girls, I receive custody of my daughter (it doesn't mention her sister, but I love her like my own). The judge threw out the custody arrangement and said that circuit court overrules family court, and they're not giving me custody since I can't take care of the girls. Which I understand since I'm leaving soon. But they gave my ex 90 more days of improvement time (they gave her 90 days over the summer, and she ended up back in jail on a drug charge). So she was let out of jail last month and has 90 additional days to go to rehab, attend parenting classes, etc...
The first thing she did was move back in with her other ex husband who has a felony drug charge conviction. He is not the bio father of the other girl. CPS says that this is okay because she is going to rehab and taking steps to get the girls back. How can this be okay? if she gets the girls back, they will be living with a felon????
I feel like I don't have any rights. My lawyer has pretty much stopped fighting for me since the judge threw out our custody agreement and since I'm deploying, I don't have the time or money to hire a new lawyer. Is there anything I can do?
Thanks.
I am in the Army and will be deployed next month.
Six months ago, my ex was in a drunk driving accident with my kids in the car. They were removed from her home and placed in foster care. She told CPS that she didn't know where I was (I am stationed in Texas, she knows that), so my kids (my daughter and her step sister who isn't my biological child, but I call her my daughter) were in foster care for three weeks before CPS got ahold of me.
I live in the barracks so I couldn't have the girls come and live with me right away. So my parents went through finger printing and foster care classes to get guardianship of the girls until I could set up a home for them. Then I got notice of deployment. My parents have the girls now and they're doing great and have started a new school. My parents had to go through classes because one of the girls isn't a blood relative.
My ex has not had her trial yet for the accident, but at a pre-trial hearing last month, my lawyer showed the judge our custody arrangement. It says that if my ex isn't able to take care of the girls, I receive custody of my daughter (it doesn't mention her sister, but I love her like my own). The judge threw out the custody arrangement and said that circuit court overrules family court, and they're not giving me custody since I can't take care of the girls. Which I understand since I'm leaving soon. But they gave my ex 90 more days of improvement time (they gave her 90 days over the summer, and she ended up back in jail on a drug charge). So she was let out of jail last month and has 90 additional days to go to rehab, attend parenting classes, etc...
The first thing she did was move back in with her other ex husband who has a felony drug charge conviction. He is not the bio father of the other girl. CPS says that this is okay because she is going to rehab and taking steps to get the girls back. How can this be okay? if she gets the girls back, they will be living with a felon????
I feel like I don't have any rights. My lawyer has pretty much stopped fighting for me since the judge threw out our custody agreement and since I'm deploying, I don't have the time or money to hire a new lawyer. Is there anything I can do?
Thanks.
Modification of Custody: Will My Ex Get Custody Back After My Deployment
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