custody

[brookton muldrow]

Jurisdiction

Kansas

i just lost my wife and she had a son that lives in house he is 15, same day when wife past i had to go to the elk county police dept. to sign paper which gave me custody over brendon, a month later i get a visit from DCF and elk county sheriff stating that they had an order to pick him up. where im at now with it is DCF is stating that they are not sure why he is in their custody and just need to know whats my rights and if i can file any paperwork without an attoney, to atleast get him back home and in school cause where he is placed right now, he is not attending school. i have an attoney but he is not trying to work with me on a payment . wants all upfront and its not very many lawyers around where i live in longton,ks .

 

[adjusterjack]

just need to know whats my rights

You have lots of rights. Wouldn't make sense to try to list them all.

if i can file any paperwork without an attoney,

Sure, but if you don't know what to file or how to file it then you need an attorney.

i have an attoney but he is not trying to work with me on a payment . wants all upfront

Then you don't have an attorney.

Try your local Legal Aid office and see if they can help.

 

[ElleMD]

So, this was your step-son? Did you ever adopt the child? Where is his other parent? Legally, you are a stranger to the child. Unless you adopted him or were granted guardianship by the court, you have no legal claim to this child. The police department does not grant custody of orphans so I have no idea what you signed or for what purpose.

 

[army judge]

Having lost my first wife many years ago, my heart goes out to you.
May God comfort you during this hour of your need and grief.

The problem for you, Brookton, is whatever parental rights you had with your deceased wife's child may have been legally extinguished upon your wife's passing.

In most cases when dealing with a state child protective agency a parent can request the matter be bound over to a court proceeding, rather than a child services administrative hearing. When you make such a request, if you qualify the judge will appoint an attorney to represent you, and one for the child.

I suggest you ask DCF for a court hearing in this matter.

You can ask a couple local attorneys how to do that one thing.
One might tell you for free.

DCF tells you how below.
Here's how to start that:

Your rights are enumerated on page 10.

http://www.dcf.ks.gov/services/PPS/Documents/PPM_Forms/Section_5000_Forms/PPS5137.pdf





Or, you can request DCF to conduct a FAIR HEARING.




Frequently Asked Questions About SRS Hearings - Office of Administrative Hearings










.

 

[Michael Wechsler]

I'm sorry for your loss. That's devastating news and to have all this happen at once must be difficult.

You should at least find out what basis the sheriff is holding your son. How can neither DCF nor the sheriff not know? Somebody knows. And if you are his legal guardian you should have an absolute right to know and in a timely fashion. I wish there was more to add from what others have recommended. Best of luck to you and your young man.