child abuse and custody

[tessye18]

This is quit confusing i have actually spoke to numerous lawyers over this case and have yet recieved a straight answer from any of them. The father of my child was found guilty of child abuse and child neglect and is currently serving 3 to 15 years in the WV state penitituary. There was a civil case against the father of my child for the abuse and the neglect however nothing came of that. He completed his improvement period set by child protective services and nothing was done with his parental or custodial rights. and then the criminal proceeding set forth where he was found guilty. my concern is he is going to get out of prison and decide that he wants to be apart of our lives. What options do I have as far as termination of his rights?

 

[shrinkmaster]

Not many. Are you married and does your current husband wish to adopt? Will Father agree to TPR? Go to family court and get an order for custody, visitation and support. Its unlikely you can get an order for zero visitation but you can likely get an order for supervised visits only.

 

[tessye18]

Well the father caused a fracture to my daughters skull at 5 months of age she all so had shaken baby syndrome on top of that its a marricle shes even alive let alone not suffering from complications. I was not married at the time nor am i married now. the confusion comes from the improvement period set forth by child protective services they said that a guilty verdict in the criminal proceding would mean he automatically failed his improvement period leaving him with zero rights like it should be how ever arguing back in forth with child protective service the past 2 years has given me zero information on whether they were or not because the civil proceeding was over before the criminal begun leaving his rights up in the air. I have spoken to several lawyers and cps and none can give me an answer.

 

[shrinkmaster]

You need a court order!!!

 

[Proserpina]

Speak to another attorney IMMEDIATELY.

This IS grounds for an involuntary termination of his parental rights although this should have been pushed right at the point of conviction.

Get yourself to an attorney - one who is familiar with WV law. This IS possible - but it's not automatic, and child services can't do it for you.

 

[Proserpina]

Not many. Are you married and does your current husband wish to adopt? Will Father agree to TPR? Go to family court and get an order for custody, visitation and support. Its unlikely you can get an order for zero visitation but you can likely get an order for supervised visits only.

I'm sorry, but I strongly disagree.

Not only does Mom stand a great chance of getting NO visitation, she actually has a great chance of having his rights terminated involuntarily.

(One of the very few instances we see on legal forums, actually - it's rare)

 

[shrinkmaster]

Where that might be true there must be a reason CPS is not pushing this? Perhaps there is more we dont know. At very least Mom should seek supervised visits only but should also certainly attempt to have his rights removed based on his history. I am just finding it odd that CPS is taking stand OP says and am assuming for the moment there are things and issues OP doesnt know or has not told us. A red flag came up for me once I knew nature of Dad's crimes and then read CPS's stance they dont jive!

 

[Proserpina]

Two words:

"Overworked" and "Underfunded".