Help! DHR has given my mom temporary custody

[Kitkat1122]

Jurisdiction

Alabama

My husband and I had an altercation and the Sheriff was called. It's a domestic violence case and the CPS worker came the morning that it happened and I signed an out of home safety plan. I know that my husband has PTSD and DHR will not let me change my safety plan or let me have my kids back. We have done everything asked of us and it just seems like they are dragging this out. The incident happened July 10, 2016. And it's been long enough. I miss my kids so much. They are saying that they need the doctors treatment plan for my husband to ensure he's getting the proper treatment that he needs. My children weren't even aware of our altercation and they have been subpoenaed to court. Even though my husband has got approved for pre-trial diversion. This is his first offense. Please help us. Do we need to hire a lawyer??

 

[shrinkmaster]

Short answer....... yes you do. Only a Lawyer can provide you with the proper legal advice for your situation

 

[army judge]

My husband and I had an altercation and the Sheriff was called. It's a domestic violence case and the CPS worker came the morning that it happened and I signed an out of home safety plan. I know that my husband has PTSD and DHR will not let me change my safety plan or let me have my kids back. We have done everything asked of us and it just seems like they are dragging this out. The incident happened July 10, 2016. And it's been long enough. I miss my kids so much. They are saying that they need the doctors treatment plan for my husband to ensure he's getting the proper treatment that he needs. My children weren't even aware of our altercation and they have been subpoenaed to court. Even though my husband has got approved for pre-trial diversion. This is his first offense. Please help us. Do we need to hire a lawyer??

The one who battered and abused you needs a lawyer.

Don't try to exculpate his actions, that will only make things worse.

Do whatever the state requires to reunite with your children.

Thirty, forty, or even sixty days isn't long.

Some people wait a year, 18 months, to reunite.

Stop worrying about days, and do exactly as they command, or you're going to get real trouble brewing.

There were ways to prevent this, but those ships have sailed. forget it.

Stop excusing why he battered you.

That means that you aren't ready yet, when the authorities hear that.

Stop explaining, get busy fixing, work the program.

You need to worry less about the abuser, and more about you and the children.
The state wants to see if your kids come first, or if you're putting the abuser first.
The court will determine ALWAYS what is in the nest interest of the child(ren).

Forget him, concentrate on the children, then yourself.

If you do otherwise, it'll be a very long time, if ever, before you see those kids again.

You and the batterer both need lawyers for an appeal, as do your children.

This link how you request such a lawyer, and for your children, too:
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2012 Code of Alabama :: Title 26 - INFANTS AND INCOMPETENTS. :: Chapter 14 - REPORTING OF CHILD ABUSE OR NEGLECT. :: Section 26-14-7.1 - Due process rights for persons under investigation by department.
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Alabama Department of Human Resources - CA FAQs
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DHR Cases in Alabama requires a good family Attorney!
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You Can File For a State Administrative Hearing