I want them back!

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yalena29

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My children were taken from me by C.P.S. in September 2008 I was finally able to afford to visit them in NY. Needless to say they're very mal-nourished. I have photographic evidence that they're skin and bone. They admitted to me that their father doesn't feed them often and they have to ask for permission at get food from the kitchen. Most of the time they go to bed hungry. What i'd like to know is, what can I do or what papers do i need to file to get them back? Please help, I live in California.
 
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My kid has to ask ME for permission before she's allowed to get herself food...there's nothing whatsoever wrong with that.

Now, did CPS give you a case plan to complete?
 
yalena29 said:
My children were taken from me by C.P.S. in September 2008 I was finally able to afford to visit them in NY. Needless to say they're very mal-nourished. I have photographic evidence that they're skin and bone. They admitted to me that their father doesn't feed them often and they have to ask for permission at get food from the kitchen. Most of the time they go to bed hungry. What i'd like to know is, what can I do or what papers do i need to file to get them back? Please help, I live in California.
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Where were you and the children when they were taken, and what have you done to attempt reunification?
 
yalena29 said:
My children were taken from me by C.P.S. in September 2008 I was finally able to afford to visit them in NY. Needless to say they're very mal-nourished. I have photographic evidence that they're skin and bone. They admitted to me that their father doesn't feed them often and they have to ask for permission at get food from the kitchen. Most of the time they go to bed hungry. What i'd like to know is, what can I do or what papers do i need to file to get them back? Please help, I live in California.
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First of all, it must be very upsetting to have your children taken by CPS.

I hope that one day, everything gets fixed and you are all reunited.

What explanation did CPS provide to you for taking your children?

How did your "ex" husband get the children?

What type of custody does your husband possess as regards your children?

I apologize for these questions, but the answers will help us with our answers.

Were you convicted of any crimes?

What crimes?

Did you serve prison time, as a result of any convictions?

Were you committed to a mental health facility?

Did you have and overcome a drug problem?

Did you reside at any time with your children and convicted sexual offender?

Were your children seized pursuant to a court order?

In what state was that court order granted?

Why did you have to wait for so long to see your children?

How many children did CPS take from you?

Are you under a court order to pay child support?

Please, tell us everything, that way the answers your receive will be more accurate.
 
What is the whole story here? The kids were obviously removed from you for a reason. CPS normally gives temp. custody to the other parent or a relative first, then if that fails the kids go to a foster home. It is not necessarily CPS's fault your kids are not being cared for. It is sad though. So why did CPS get involved in the first place?

Have you talked to the case worker and be given any case plan? Why are you in CA if your kids are in NY? You are going to have to go back to NY for any chance of getting your kids back. It is EXTREMELY unlikely the court is going to give you any sort of temp custody with you in CA especially since CPS removed the kids from you in the first place.

You should have been given a case plan. If your kids are being neglected and malnourished at Dad's then you need to talk to CPS and request they be placed with someone else.

So these kids have been wards of the state since Sept 2008? I am confusd by your post. Is the case with CPS still open?? What is going on and why in the world would you move clear across the country when your kids are in NY? There are a few things you are not telling us.

If by some chance CPS has closed this case and Dad has custody, then you file for custody in NY.
 
CPS took my children because I left them at home unattended when I would go to work and for leaving them at for more than 8 hours, CPS calls it "child abandonment. My kids were 7 and 5 years old at the time. The judge granted my ex-husband full custody. one month after the hearing he decided to move back to NY with my kids where he now lives with his parents. I wasn't going to try to get my kids back because, I thought they were being well taken care of but, when I went to visit them last month they told me a completely different story, they said they want to live with me again. By the way, I don't think it's ok to have your kids ask you for permission for food. My children state "they are starving" and that's definitely not ok with me. I did go went to jail for this case it's a 'misdeanor'. I'm also court ordered to take 52 parenting classes, 67 days sherrif's labor program, 20 hours community service and I have to pay $700 in court fees. I will also get in contact with the CPS worker who was in charge of my case.
 
How did your husband get PERMISSION to take the children from CA to NY?

That is very rarely allowed, once the courts and/or CPS become involved.

Did he just decide one day, I'm going to NY and taking the kids with me?

If he did that, you might be able to make a compelling argument to have the kids returned to CA.

You might also be able to effect the current custody order, if the kids were taken 2,500 miles without the court's permission!

I'd give up making the argument about children asking to be fed, however.

Small children, in most homes, do not feed themselves.

Most parents have civilized their children to ask permission, before doing anything.

Those parents have educated their offspring to inform them of their hunger, and the parent prepares and provides the food.

Children in most homes don't forage for their food like wolves, coyotes, or chimpanzees; they simply ask their parents to feed them.
 
Please clarify something.

WHEN did Dad move?

How much of your case plan have you actually completed?
 
Well honestly you deserved to lose the kids if you honestly left them home at that young age. That is pretty shocking and is child neglect. You will have a hard time getting them back since you have already been proven unfit. If CPS no longer has an open case then you call CPS NOW and report the abuse/neglect. It is REALLY unlikely you are going to get the kids back right now. They will probably be sent to a foster home or family in NY before going to you especially since you are out of state.
 
He never asked the court.

army judge said:
How did your husband get PERMISSION to take the children from CA to NY?

That is very rarely allowed, once the courts and/or CPS become involved.

Did he just decide one day, I'm going to NY and taking the kids with me?

If he did that, you might be able to make a compelling argument to have the kids returned to CA.

You might also be able to effect the current custody order, if the kids were taken 2,500 miles without the court's permission!

I'd give up making the argument about children asking to be fed, however.

Small children, in most homes, do not feed themselves.

Most parents have civilized their children to ask permission, before doing anything.

Those parents have educated their offspring to inform them of their hunger, and the parent prepares and provides the food.

Children in most homes don't forage for their food like wolves, coyotes, or chimpanzees; they simply ask their parents to feed them.
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He never asked the court for permission, he decided to just get up and leave with my kids, I thought maybe because I didn't have custody that I couldn't stop him from moving.

When I had custody of my kids, they were very independent, they could get food like; yogurt, milk, pudding.....small meals but, I would cook the big meals. I have photo's that I would be able to show the court, of how malnourished my kids are. They look like the kids from somalia.
 
So, your argument is that it is better to leave small children alone for up to 8 hours as opposed to you believing they're being starved?

Sounds like an argument on who is the poorest parent here.

And, as previously asked, how much of your court ordered plan have you completed? A court would ask the same thing.

Gail
 
yalena29 said:
DON'T EVER REPLY TO ME AGAIN!!!!! I DO NOT WANT YOUR ADVISE AND JUST LIKE YOU SAID YOUR NOT AN ATTORNEY SO KEEP YOUR NEGATIVE COMMENTS TO YOURSELF!!!!!! :mad:
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You'll face many obstacles in getting your children back.

Just keep your head down and focus on the goal.

Complete your plan and keep working on improving yourself.

It is a great deal of work that you must do, but others have done it, and so can you! :)
 
Thank you Army Judge.

army judge said:
You'll face many obstacles in getting your children back.

Just keep your head down and focus on the goal.

Complete your plan and keep working on improving yourself.

It is a great deal of work that you must do, but others have done it, and so can you! :)
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I greatly appreciate your opinion because your not judging me. I wish there was more people like you in this world.

Like I said before "NOONE" is perfect and trust me I'm farrrrr from perfect but, I know I was wrong for leaving my children and I've been paying for since they were taken from me. I will continue to keep my head up and hope that one day I can have them back. My parenting classes have been helping to become a better parent. I know I will be a better parent from now on.
 
Reality check..just because you do not like my advice does not mean it is incorrect. You are an unfit parent so CPS gsve custody to Dad. You also moved all the way across the country from your kids. You still have not said whether or not you even completed your case plan. If a family court or social services knew what they were doing, the kids should be placed with a competent relative or a foster home as opposed to you or Dad. Everyone makes mistakes but leaving a 7 yr old in charge of a 5 yr old all day is flat out ridiculous and dangerous.
 
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