A long complicated story

[desperateinAR]

okay here it goes. This all started about about four years ago. My husband was watching our two year old and four year old children. He put my two year old down for a nap and went back into the backyard to play with the four year old, Patrick. The two year, Josh climbed the babygate he had placed at his door and left our house through the front door. He didnt' get more than a block down the street. DHS took custody of all three of our children for ninety days. Then they returned them to us. The case was still opened though. My husband had a problem with majuana. He repeated failed drug test after drug test for DHS.
I realize I should have left him. Our lawyer advised me to do so. But I wasn't working at the time. He was our only source of income. I had no where to go with three children and no money. So I stayed. DHS kept the case open for almost two years before finally deciding to give custody of the children to some friends of ours that agreed to take them.
DHS closed the case at that point. My husband and I have since divorced. I had to move two hundred miles away from the children to live with my uncle so I could get a job and pay child support.
I want my children back home with me. The friends of ours they are staying with are refusing to take my phone calls. They have since moved and I have no idea where. I haven't seen my children since January of last year, right before I moved.
I have no idea about to go about getting my children back home with me where they belong. DHS never had a problem with me, just with my ex-husband. But I don't know what to do now. I work at McDonalds. I cant' aford to hire a lawyer to fight a custody battle. I am at my wits end and goign crazy not beign near my children. Please help me.

 

[Michael Wechsler]

Your case is fact intensive and needs to be reviewed by a professional. From my knowledge, DHS does not award custody, a court does. What was in the order? You can call the court and ask the clerk where you might find information about how to petition the court. You may also want to speak to DHS with regard to their position on all this. I have seen situations like this get really messy when the family with custody wants to adopt the children and completely preclude the biological parents and then a case ensues. Best to try to get them back as early as possible. Be prepared for this potentially getting messy but try to retain your optimism and calm demeanor. Good luck.