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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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Wife fighting of grand kids I pled guilty to carbal

Customer Question

Wife fighting for custody of grand kids
I pled guilty to carbal knowledge of a juvenille a sex offense in louisiana in 2000 not classified as a child predator or sexually violent offenderQuestions. Would being removed from registry requirements make a differenceAnd what specific laws prevent a judge from allowing my wife custodyAlso our attorney doesnt seem to be addressing my situation in the custody dispute but tending to ignore it despite my complete willingness to do whatever it takes to prove to the judge i am not a threat including but not limited to an evaluation polygraph etc...Also these children have lived with us since birth and now it is 2 years later the parents got mad at her and took kids back.We have two years worth of pictures and videos showing how much these children were cared for and loved and the progress made with counting saying abc and singing.Parents are drug users and dealers
Neglect the children
Baby fell off freezer was rushed to hospital
2 year old had eye busted wide open to where one person thinks it was a dig bite and pittbulls are in the house but was not rushed to hospital and elsest stepped on hot coal and burned hole in foot
All within days of each otherParents jump kids from person to person to avoid having to deal with themBoth parents are joblessNeither parent can detail the daily routine and feeding habits or health issues like we canMother is diagnosed bipolar schitzophrenicAll allegations can be proved beyond a doubtAny advise would be appreciated
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Evening:

I will try to best answer your question.

I would definitely recommend getting a psychosexual evaluation done in order to help show that you are not a threat these children. In addition, I would insist upon getting a urine and nail test for both the parents in order establish the history of drug use. Finally she requested the child protective services records. With this information and a positive test results for them I think you have much better chance of establishing the children's best interest would be to replace with you.

I hope this information is helpful I wish best of luck obtaining custody have your grand children.

Customer: replied 1 year ago.
I believe the parents have a gearing with protective service august 4th in which they will be ordered for drug testing with a date set for results to be presented on sept 13 wr have our hearing for custody
Why would a judge allow so much time for the parents to clean out their system and also since children were with us for two years why a long wait for custody hearing. It is my wifes fear that the children will forget it by then. It seems the judge and cps have no interest in the well being and safety of the chikdren at all. Even if it meant removing the children into a safe environment other than the parents or us.
Customer: replied 1 year ago.
Can we insist on a drug test now or do we have to wait for our custody hearing?
Expert:  mmdesq replied 1 year ago.

It all depends on what kind of drug test were talking about. If they're going to use a urine test then you have a problem as cocaine or cocaine based drugs can be out of your system within 48 hours. You want to insist that I live a hair follicle test for a meal test is performed. When I say nail test I mean if fingernail test.

I think it will be important if you are you before the judge that if he has a hesitation with cars place in custody with you and your wife then you were requesting it to replace the third-party ass absolutely under no conditions would the safety of the children be served by placing them with their parents.

I do not think you'll be able to force the issue of a drug test sooner. That's why I would remain focused on a hair follicle and fingernail test as those go back over 6 to 9 months.

Customer: replied 1 year ago.
Do we have to wait until the hearing to present our case that i am not a threatCan one fike for reconsideration of an ex parte emergency custody order
Customer: replied 1 year ago.
Also we have a cd with recorded conversations of them asking for drugs, smoking weed in front children calling their child a little monster and calls when the youngest fell and father went off about how bad his wife doesnt watch children and other forms of evidence which our attorney has not used when fiking for the emergency custody
Expert:  mmdesq replied 1 year ago.
That evidence would be very helpful. You need to ask why your attorney did not present it.Please don't forget to rate me so that I can get credit for responding to your questions.
Customer: replied 1 year ago.
no we nust wait until the custody hearing to present to the judge?
Expert:  mmdesq replied 1 year ago.
Unfortunately yes
Customer: replied 1 year ago.
One last question
Since i am not on the custody dispute or a part to it just married to my wife who is shoukd i hire an attorney to represent me during the process
Expert:  mmdesq replied 1 year ago.
If the grandchildren are yours biologically then you should. If they are your wife's then she should.

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