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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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My ex and I have a visitation schedule where she has our son

Customer Question

My ex and I have a visitation schedule where she has our son 1/2 of he week and I have him the other 1/2. I am the custodial parent and she is the parent with visitation. Since our divorce CPS has been involved with her 3 different times for neglect. For the previous 2 times our son was with me and not part of the CPS report/case. CPS removed the children from the home (my son came with me and the other two children went to their grandparents house) and after 5 days CPS returned the children as the house was clean and other changes had been made in the home for their safety. a CPS Family Team Meeting was scheduled and held two days ago - I did attend. A this time new issues were discovered and the children were again removed from the home and will remain out of the home until my ex and her husband complete counseling, parenting classes, have mental health evaluations completed and more. Enough is enough...what steps do I need to take at this point to ensure my son is in a safe and stable environment?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns. If I may ask, in what state was the custodial order put in place? What types of violations or abuse did CPS find? When, how long ago, was the order put in place? How old is the child in question?
Customer: replied 1 year ago.
The custodial order was put in place in Texas. My son is now 6 years old and his siblings are 4 and 3 years old (they are with their grandparents). The original violation with CPS was neglect and unsafe/unsanitary living conditions. Allegations of domestic violence, anger management issues and mental health issues were brought up at the CPS family team meeting. At the meeting, CPS put a Child Safety Plan (CSP) into place that will require my ex and her current husband to complete domestic violence counseling, anger management classes and have a mental health evaluation. My ex also must see her doctor regarding her depression and resume treatment for it. All contact with our son must be supervised and in a public place. CPS has indicated that it will be months before they complete everything in order to have unsupervised time with my son and their other children.
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your patience. What you would need to do is contact the clerk at the courthouse either where this decision was put in place, or where you reside now with the child (if you were there with him for at least 6 months). Ask the clerk for a copy of the forms so that you can file a 'motion for modification of custody'. In the forms stress that the other parent is extremely unfit and give specific examples (such as neglect, unsanitary living conditions, domestic violence, mental illness, and so forth), and also state that such a household is NOT in the 'best interest of the child' (which is the standard the courts use to evaluate custody). You would need to serve your ex who can likewise appear and seek to paint a different picture. With the amount of evidence you listed I suspect this will prove to be a successful petition. Hope that helps! Sincerely, ***** *****