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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2509
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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I'm a father of 2 me and my wife had marital issues and both

Customer Question

I'm a father of 2 me and my wife had marital issues and both drank some she dropped kids off at my parents with me for a week dcs questioned kids they gave statement to them that patrayed her to be bad I shared some things about our problems they told me I needed to file immediate protection order against her and get custody I did 3 months later I told judge she had problem with drinking me and ex started talking again and fell in love dcs wants me not to talk to her but I lover her and want my family back so bad fact finding in 3 weeks if I see her they say they will take kids from both of us we are good parents had disagreements but going to married counseling now I want my family back what can I do
Submitted: 2 years ago.
Category: Family Law
Expert:  S. Kincaid replied 2 years ago.

Has your wife been giving things to do to fix her issues? For example, is she expected to engage in alcohol treatment or some other kind of program? And if so, is she taking steps to comply? Also, has DCS opened a case in front of a judge, or is the protection order the only case that has gone before a judge? Is the protection order still in effect? If so, is she violating the order by talking to you?

Customer: replied 2 years ago.
I donto bring kids around her she gets breathalyzer every day she never went to jail for drinking ect I gotta get kids back in home I'm living with kids at my parents now but me and wife r working on differences she's not drinking now and we all wanna be a family
Customer: replied 2 years ago.
Protection order for kids dcs wants me to continue to say she's a bad mom I don't want too they say if I see her I condone her behavior which we both streightend up within last 4 months
Expert:  S. Kincaid replied 2 years ago.

What about my other questions above?

Customer: replied 2 years ago.
What can I do
Customer: replied 2 years ago.
Her lawyer is telling her not to admit to any problem no program
Customer: replied 2 years ago.
Saying no issue kids we're wrongfully removed
Expert:  S. Kincaid replied 2 years ago.

Has DCS opened a court case in front of a judge?

Customer: replied 2 years ago.
Customer: replied 2 years ago.
She has supervised visits
Customer: replied 2 years ago.
Child hear say fact fact finding in 2 weeks
Expert:  S. Kincaid replied 2 years ago.

In that case, you must follow their recommendations to a tee, even if they are unfair and make no sense. If you defy them, the consequences will be bad for you and your wife. Instead, you can obey them now and ride this out until they close your case. Once there is no DCS case and no court order keeping her away from you or the kids, the two of you can reconcile.

Expert:  S. Kincaid replied 2 years ago.

The problem may resolve after the fact finding hearing or it may take longer. Either way, if you want to keep your kids and get DCS out of your lives (eventually), the best thing you can do now is to obey them.

Customer: replied 2 years ago.
Should I try and meet with dcs worker tell her I wanna comply but was wake up for me and wife I don't know if that will help or worsen in faCT finding what can I say when on stand to help us
Expert:  S. Kincaid replied 2 years ago.

While I can't know how that particular social worker would react, in my experience, that kind of conversation does not sway social workers with DCS and can make them argumentative with you. That sounds like something more appropriate to say at the fact finding hearing.

Customer: replied 2 years ago.
maybe cooperate with worker then surprise worker on stand at fact finding with maybe issue with alcohol months ago but me and her are in marriage counseling and working on marriage idk
Expert:  S. Kincaid replied 2 years ago.

Yes, but don't outright lie to the social worker.

Customer: replied 2 years ago.
They asked me a month ago I said she needed help she doesn't wanna admit to intoxication because no breath alizers were given she's basing it on depression for we were having marital problems he insight 20 20 but earlier marriage counseling would have helped it's really helped with our communication
Expert:  S. Kincaid replied 2 years ago.

At the fact finding hearing, it is best to be truthful - both about the past and the present.

Customer: replied 2 years ago.
How should I word it to judge don't want him to get mad at me throw me in jail for pergery
Expert:  S. Kincaid replied 2 years ago.

If you were truthful before, repeat what you said before, but lessen the effect by explaining how you and she are addressing each of your problems in order to be better parents. You can explain that the case was a wake up call to make you both change and that you're hoping to coparent so that the children can have a normal relationship with each of you. Don't minimize what you said before. But explain how things have changed since you said it.

Customer: replied 2 years ago.
They don't want me seeing her not ordered btw but they are threatin me with taking kids from me if I see her she's not drinking we're going to conciling I love her I wanna drop divorce too we research getying along great better than ever conciling is helping
Expert:  S. Kincaid replied 2 years ago.

It is probably in your best interests to stop seeing her then, at least until the fact finding hearing. Then explain your position to the judge and see what the judge says.