DCS

[Revo617]

Jurisdiction

Tennessee

My fiance had a case open by dcs when her ex husband filed for temp custody due to a dui. The dui is now dropped. Shes done everything shes supposed to do. Now they are attacking me. I am not on the case nor have anything to do with the case. Ive been passing my drug tests and on a background check a pending felony for breaking and entering a MV from 2014 in Massachusetts showed up. I did my time and its pending due to fines I'm still paying. Can they even attack me if I'm not on the case and if so is what I mentioned enough for them to say I'm not fit to be around the kids?

 

[army judge]

Do yourself a favor mate, disappear until this blows over.

You don't want to be a target in a fight that snt even yours, do you?

You betcha SOMEONE can and will attAck you, because you said SOMEONE is gunning for you.

If you disappear for a few weeks, maybe until springtime, this'll probably have all blown over.

If you stick around, you'll be shot at, too.

 

[ElleMD]

So you are a criminal with a history of illegal substance abuse and you don't think that should be a factor in whether or not children should be permitted around you? Seriously? Absolutely you planning to marry the mother of young children plays a significant role in her custody proceedings. The children's father is justifiably concerned about who his children are exposed to and the fact that their mother would do something so dangerous as to drive under the influence, whether or not a criminal court holds her responsible.

 

[Revo617]

I do not an never had a drug history. They asked if I would comply and I did. My case was from 5 years ago.a criminal? I mistake does not label me a criminal. So you can wipe that out of your mouth. One mistake does not justify taking the kids. And she had nothing in her system when they took the tests for the DUI and they did not believe her about her eyes. Her kids father is a POS and now all of a sudden making my fiance out to be bad....

 

[ElleMD]

You have a criminal history. You can put whatever feel good label you want on it or call it a mistake all you like, but by definition, you are a criminal an din the eyes of the courts and DCS, you are a criminal. That "mistake" came with consequences and may very well cost your fiancee custody of her children. Those are just facts. You can disagree with them all you like, but if you want to know why what is happening is happening, that is the reason. You are welcome to plead your case that you are reformed and it was a one time thing or whatever you like, but be aware that the judges hear that from everybody and take it with a grain of salt. Better to be realistic about the situation. Five years is not that long. If this was 20 years ago, you'd have a better chance of arguing it is no longer relevant.

 

[zddoodah]

Now they are attacking me.

Who are "they"? The only two people mentioned in your post are your fiancée and her ex-husband. Why would your fiancée "attack" you? How are they "attacking" you?

Can they even attack me if I'm not on the case

I have no idea what you mean when you say, "I'm not on the case." As far as your question, you told us that "they are attacking" you, so it should be obvious that they can do that.

is what I mentioned enough for them to say I'm not fit to be around the kids?

Not really sure what this means, but anyone can claim anything he or she wants regarding your "fit[ness] to be around the kids." Whether such a claim would hold up in court is anyone's guess. All you've told us is that you have a fairly recent felony conviction. It's up to the judge to decide if that's enough to award custody of your fiancée's kids. She should be speaking with a local family law attorney about this.

a criminal? I mistake does not label me a criminal.

You're a convicted felon. Call it a "mistake" or whatever you like, but being convicted of a crime (especially a felony) makes you a criminal.

 

[leslie82]

I do not an never had a drug history. They asked if I would comply and I did. My case was from 5 years ago.a criminal? I mistake does not label me a criminal. So you can wipe that out of your mouth. One mistake does not justify taking the kids. And she had nothing in her system when they took the tests for the DUI and they did not believe her about her eyes. Her kids father is a POS and now all of a sudden making my fiance out to be bad....

Technically if you're convicted of a crime, you're a criminal. That's the definition of a criminal. You said for breaking and entering...how is that a mistake? Did you fall on the door and it broke down to allow you into whatever you entered? How does one "mistakenly" break in and enter somewhere?

As stated, five years ago isn't that long ago. If you care about her you would go away until this blows over. Honestly if it was me, I would end things if it came between my kids and some guy. No one is more important than my child. Then again, after my ex husband, I definitely will never be with anyone with any felonies or criminal record again.