PATERNITY OVER THE TWO CHILDREN WHO ARE NOT BIOLOGICALLY HIS
Although this man is not the biological father of two of your children, the State of Colorado can presume that he is their father. If a man receives a child into his home when the child is still a minor and openly declares him or her as his child, then Colorado law presumes paternity. You can attempt to establish or dis-establish paternity over those children. However, if the children's biological father is not in their lives, the courts can determine that this man is the legal father, even if he is not the biological father of your children.
If you click here
, you can read about a court case in Colorado that explains this. If the biological father has rights and is involved in the children's lives, it is far less likely that a non-biological father would be declared the legal father.REMOVAL OF THE CHILDREN BASED ON ALLEGED CRIMES THAT HAVE NOT YET BEEN DECIDED
DSS is not required to wait until a conviction occurs to remove children from the custody of a parent. To prove a case against you, DSS only needs to prove that there was abuse/neglect/mistreatment by a preponderance of the evidence
(which is like saying that it is more likely than not that the abuse/neglect/mistreatment occurred.) (Domestic violence
on one's partner can be considered a form of abuse.) This is a much lower standard than is required in a criminal case, where the state must prove beyond a reasonable doubt
that you committed a crime. Therefore, even if you are acquitted of the criminal charges, the dependency court or family court can make a finding that there was abuse/neglect/mistreatment. It will still be beneficial for you to be acquitted, because then you still have the opportunity to defend yourself in the child custody
case, but if you are convicted in the criminal case, the dependency court must accept that finding of guilt.
SHORT NOTICE OF THE HEARING
Because of the urgency of abuse and neglect issues, dependency court is authorized to make orders with very little notice.
The best thing you can do is just what you said you would do - obey the orders completely. Make sure that you exercise as much supervised visitation as you possibly can. If you do not exercise your visits, it will be held against you as though you don't care, so you MUST be proactive in getting the visits going. Keep doing everything the DSS tells you to do, be cooperative and friendly, even when you feel that they are being very unfair.
I hope this is enough information to get you started. There is no magic information I could give you to make the process faster or fairer, but patience and cooperation are key. I would be happy to answer follow up questions you have. If choose not to request a refund of your JustAnswer deposit, I would appreciate if you could click on the green ACCEPT button as I do not get credit for my work until you do so. Thank you and good luck.