Any advice is appreciated

[MissyP30]

I have divorce papers from the state of New York stating that I have physical custody of my two sons, but due to unfortunate circumstances on Feb 7 of last year my sons were put into the foster system in berks county PA. In August of last year CYS of berks county allowed my ex-husband to be a resource for my sons. On July 29th of this year they gave custody and dependency to my ex-husband. My question is how is it possible for my ex-husband to get custody of my sons when I have divorce papers stating that I have physical custody? I am no longer in the situation I was in when the boys were taken and I am able to provide for them both. There is one other thing, my ex-husband is NOT the biological father of either of my sons. Any advice of where to go would be appreciated

MissyP

I am on a fixed budget and I am hoping that someone can help me. Please I miss my sons dearly. My ex-husband won't allow me to speak or see them.

 

[irish223]

When your children were removed from your care, I believe you lost custody which was taken over by the state.

If your children had a relationship with your ex-husband, it's probable that CYS felt he would provide a suitable placement for them. (Also, if the children were born during your marriage to him, then he is their legal father.) If there were other relatives willing to assume custody of the children, then I assume that CYS must have determined that your ex was the best choice.

Have you talked to CYS about regaining custody or getting visitation of your children?

 

[Duranie]

when you lost custody, custody goes over to the other parent generally.

You say he is not the bio father, is he their former step-father? Did he adopt them or were you married to him at the time of the birth? If he is the legal father due to birth during marriage, adoption, or he signed the birth paperwork, then he is the legal father. It certainly makes more sense to give custody over to him rather than a foster home.

If your kids were taken away, didn't CYS appoint you an attorney and give you a case plan to get your kids back?