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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16333
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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DHS removed my (son is what I call m) from my home on Friday

Customer Question

DHS removed my ward (son is what I call him) from my home on Friday the 4th of March without any paperwork. No Order to remove him or search warrant.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: We did prior to his birth. She printed off and gave us paperwork to file. She said it had to be done After he was born, not before.
JA: Is there anything else the Lawyer should be aware of?
Customer: We have filed a waver of conscent from the parents
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Customer: We applied for a Gaurdian Ad Litem as well
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
DHS came into our home as we were preparing to take the infant we were given custody of by his birthparents, to go file temporary and permanent guardianship papers including a waiver of consent from the parents, request for a guardian ad litem and the guardianship papers. We also had a hand written and signed note from the parents saying we could care for him while we waited for the paperwork to go through. We showed the social worker the paperwork, they said it wasn't good enough and that we had an illegal placement. They then removed the infant without a removal order or having filed any paperwork on him. They removed him based on ONE anonymous call from someone. did not do an investigation, just took him away. How can we get him back in our care without having to jump through dhs's hoops that take months if not years to complete. He will be 1 week old tomorrow and they are hindering our bonding time with him by keeping him.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Legalease replied 1 year ago.

Hello there --

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Who are the birth parents of the child and how did you make these arrangements with them to adopt their child?

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MARY

Customer: replied 1 year ago.
The birth parents are a younger couple with drug and alcohol addiction problems. They made this choice because they believe, that with their history, the decision to let us take temporary custody and file for Guardianship is in the best interest of the boy. After giving us custody of the child they disappeared. Their names are***** and William Travis. We made a verbal and written agreement with them to take Guardianship of the baby. I filed for temporary and permanent guardianship as well as for a Guardian ad Litem(sp) along with some other forms that atm I don't recall what they were. Today I was granted Temporary Guardianship of our now 8 day old baby at the first hearing. DHS and the Guardian ad Litem convinced the judge that it is in the child's best interest to stay in foster care at this time. As of today it has become my suspicion that the foster parents want to adopt my boy. That is not what the birth parents want nor is it what I and my wife want.We found out that there was ONE phone call, Anonamyous of course, placed and that is what prompted them to come to my home. I have not seen my boy since Friday the 4th when they took him. We are supposed to meet with the Guardian ad Litem on the 23 and I believe the next court date is April 2nd. I am aware of some of the dirty tricks that DHS pulls to keep children in the system. I did state in court that I wanted him back because this is a critical bonding stage for baby with us. They know this and still kept him in foster care. Seeing as I did get temporary guardianship I asked my lawyer to see if they will grant me visitation. I also need to have my boy circumcised yet. After 28 days from birth they won't do it and it needs to be done. I think I am going to go ahead and just make the Dr. appointment with our Family Dr. of aprox. eight years. I will have a wellness check done also. All of these are things that I would have already had done had they not taken him. I did retain a lawyer but I am not sure just how much of my/our interests she has at heart. The biggest problems is...the birth parents blowing in the wind right now. Had they been there today this would all be over with, my lawyer even said as much.
We did get in contact with them and made a video recording of both of them stating that they want their child in our custody and with the intention of adoption in the future. The birth mother's sister was there today as well. DHS wanted her there and so did we. Once DHS found out she is also in full support of us having this child they wanted nothing to do with her. I am afraid I am going to loose my baby boy because the judge can't seem to make up his mind....he awarded me temp Gaurdianship but then turns around and decides to let my boy, Wayne Christopher Steen by the way, stay in foster care. Now I know from friends who have been through this that by next month they are going to say that the baby is bonded with the foster parents(whom I suspect at least one wants to adopt him or both, I am not sure if they were a couple of not) and not with me/us and it would be unhealthy to switch the babies homes etc. Granted this may not happen but it has happened to friends and I am frightened it will happen to us as well.
Customer: replied 1 year ago.
I just found out who made the call. It is my wife's sister....I personally am shocked and numb. I fear how my wife will handle it.
Expert:  Legalease replied 1 year ago.

Hello there -

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I think your wife's sister has some explaining to do? Perhaps she was afraid that this entire process might not be done legally and that is why she called? Please keep in mind that it is very odd for this kind of thing to happen for any childless couple so seemingly "perfectly" and there may be those out there who suspect that you paid the birth parents money for their child (illegal of course, except that you can pay medical expenses of Mom and child and purchase clothing, etc. for them but you cannot pay them any money). So long as everything at your home checks out (home visit, GAL discussions, etc) I truly do not see any real problems with the state letting you take him in as a guardian at this time. However, I think that the judge may hold off on an adoption until a real attempt is made to find the birth parents to get them into court to sign off on this arrangement in person. If you do not get them to do this NOW, you are running the risk of either or both of them coming back to you and trying to take away your son by claiming that the adoption was not legal (even IF the judge were to grant it right now).

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You are correct when you say and know that DHS has a lot of power in these situations and they can be merciless in their inquiries. My suggestion is that you push to have him placed with you and your wife as the "foster" parents of record and as legal guardians until the birth parents can be located and the entire situation confirmed with their surrender of their child in front of the court. Right now, your resources might be better spent on hiring a private investigator to find this couple because you need BOTH signatures in order for the surrender to be legal and the adoption to be legal and while the paperwork that you have may be in proper "legal" order, the manner in which you came by the couple and their child and their desire to surrender their child is completely unorthodox (if there were a state licensed adoption agency involved from the beginning you would not be having these issues with your paperwork and claiming your son).

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I wish I could offer you more in the manner of legal means to get this done, but I think you realize that right now, you need to please DHS and the GAL and it does sound encouraging that your son will be placed with you soon. However, at the same time, you should tell them all (including the court and your wife's sister) that you will make every effort to find the birth parents and bring them into this loop so things will be all wrapped up legally and appropriately in court.

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Please let me know what additional questions you may have. If you do not have anything additional right now, can you please press a positive rating so I will be paid for my time assisting you this morning. I am paid nothing unless you press the middle star, the fourth star or the fifth star in the rating section above. Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH

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MARY