My wife & I are currently fighting to regain custody of oour five children. They were removed from our home Nov. 30 2012. This came after someone called DCS hotline & made false statements concerning the welfare of our children and me being on drugs. October 2012-The investigator came to my home a day after my wife put her "friend" out because the "friend" was in charge of my home for a week while my wife was in the hospital. I was at home during this time. The "friedn" allowed the childre to completley trash the home and did nothing to clean up. The investigator then proceded to examine the children for signs of abuse after telling my wife that I was hitting the children, they were unfed, dirty, etc... She found the children clean, wel nourished, and healthy. The home was a mess, but she gave my wife a week to clean the house. The investigator also told my wife that I was not to be allowed in the home. What??? I was in the hospital for a suicide attempt and upon my o October 27 release my wife picked me up and brought me home. After she told me the story we agreed that I would assist in cleanig the house and them I would find somewhere to stay until the home was examined by the investigator. My wife called the investigator and informed her of this and she said that this was fine. When she did come to the house, she commented that the home looked great and informed my wife not to allow me back in the home. The kids were in school this day. After a call to an attorney, we found that DCS has not right to say whether I can or cannot be in my home as there was no court order stating this. So, i went back home.
We decided to move to Arizona, closer to my wife's family and our friends. My family lives in Chicago, but they offer no type of support system to us. Two days before Thanksgiving, my wife recieved a call fromthe investigator who stated that she wanted to get ahold of me so that she could close her investigation. My wife had already given this woma my cell number & I had been awaiting her call for a couple of weeks. When the woman called me she stated that I was not allowed in my home and that I could not go there event to see my wife & kids for a few hours. I repeated to her what the attorney told me nd she stated that the attorney has no say over what DCS could do. She then proceded to inform me that I could meet my family out of the home at any time, but that if I was in the home at any time she would come and take my children away.
We ignored this due to the fact that were under the assumption that there was no open case & no court order stating that i could not be at home. On Nov. 30 she returned to my home with the police at the same time that my kids got off the bus from school. She spoke to my children outside of my home without permission and then told them to get their mom. She then told my wife to bring me outside because she had gotten a call the previous day that I was in the home & hitting my 7 y/o son. She then told us that she was taking the children because I was in the home, no other resaon was given. I grew irate and stated that if I was the reason that she was takig my children then I would leave that moment, my wife concurred. I went inside to get dressed. When i returned outside the officers put me in cuffs & placed me in the car because i did not heed their demands to stop when I was going inside. They said that I was resisting. The investigator & her collegue entered the home in the company of one of the officers to remove the children. Since we were moving, our home was in disarray. The children were clean, healthy & well fed.We also had plenty of food in he kitchen. There were no signs of abuse or neglect to the children.
Upon removing the children, the investigator approached the patrol car & informed me that she was removing the children because I was in the home & because of my charges. I had no pending charges at the time.
History--We have had dealings with DCS in the past andmy children were removed two times prior, but the were returned to us. There also was a case of domestic violence in Oct. 2011 which I was on probation for, but the probation was to be discharged Dec. 2012 when I appeared in court and proved that my fees were paid. My wife file for a restraining order in Oct of 2011, but i was amended to a no adverse contact order in Lake County, IN which is where we live. I do have a history of drug usage, but I have gone through a rehabilitation program & i had been off drugs for over a year. At this time we have been denied visitation with our children, and the foster care agency seems to be adamant about having our parental rights terminated so that they can adopt our children out. We were never shown a court order to remove the children. The investigator only stated that her supervisor apporved the action, but no documents were shown to prove this either.
Upon our initial court date, the investigator stated that she removed the chidren due to neglect, the home being in disarray, me being on a "crack binge", & my being in the home with a probation revocation order & restraining order. She also said that the children complained of continued domestic violence, & said that there was blood splatter in my home.
I'm sure that the allegations of domestic violence were pulled from our previous case with DCS. The first time I was not involved because my wife was in another relationship at the time. We became intimate halfway through that case. Only the youngest child is mine, but I have been here for six years. the children are ages 9 (twins), 7, 6, 4.
I wish to know if anyone can help us in this. We've done nothing wrong, there has been no domestic violence sice Oct. 2011. My family was happy & everyone was looking forward to moving to Arizona. We also have older children, but they were going to remain here in Indiana. My wife's 19 y/o lives with her boyfriend & I have three older children who live with their mother.
Can DCS come into my home and remove my children like this. Why was she allowed to lie in court, building a case from the dregsof an old one? Please help. We jsu want our children back so that we can get on with our lives and be happy.
Is this legal?
We decided to move to Arizona, closer to my wife's family and our friends. My family lives in Chicago, but they offer no type of support system to us. Two days before Thanksgiving, my wife recieved a call fromthe investigator who stated that she wanted to get ahold of me so that she could close her investigation. My wife had already given this woma my cell number & I had been awaiting her call for a couple of weeks. When the woman called me she stated that I was not allowed in my home and that I could not go there event to see my wife & kids for a few hours. I repeated to her what the attorney told me nd she stated that the attorney has no say over what DCS could do. She then proceded to inform me that I could meet my family out of the home at any time, but that if I was in the home at any time she would come and take my children away.
We ignored this due to the fact that were under the assumption that there was no open case & no court order stating that i could not be at home. On Nov. 30 she returned to my home with the police at the same time that my kids got off the bus from school. She spoke to my children outside of my home without permission and then told them to get their mom. She then told my wife to bring me outside because she had gotten a call the previous day that I was in the home & hitting my 7 y/o son. She then told us that she was taking the children because I was in the home, no other resaon was given. I grew irate and stated that if I was the reason that she was takig my children then I would leave that moment, my wife concurred. I went inside to get dressed. When i returned outside the officers put me in cuffs & placed me in the car because i did not heed their demands to stop when I was going inside. They said that I was resisting. The investigator & her collegue entered the home in the company of one of the officers to remove the children. Since we were moving, our home was in disarray. The children were clean, healthy & well fed.We also had plenty of food in he kitchen. There were no signs of abuse or neglect to the children.
Upon removing the children, the investigator approached the patrol car & informed me that she was removing the children because I was in the home & because of my charges. I had no pending charges at the time.
History--We have had dealings with DCS in the past andmy children were removed two times prior, but the were returned to us. There also was a case of domestic violence in Oct. 2011 which I was on probation for, but the probation was to be discharged Dec. 2012 when I appeared in court and proved that my fees were paid. My wife file for a restraining order in Oct of 2011, but i was amended to a no adverse contact order in Lake County, IN which is where we live. I do have a history of drug usage, but I have gone through a rehabilitation program & i had been off drugs for over a year. At this time we have been denied visitation with our children, and the foster care agency seems to be adamant about having our parental rights terminated so that they can adopt our children out. We were never shown a court order to remove the children. The investigator only stated that her supervisor apporved the action, but no documents were shown to prove this either.
Upon our initial court date, the investigator stated that she removed the chidren due to neglect, the home being in disarray, me being on a "crack binge", & my being in the home with a probation revocation order & restraining order. She also said that the children complained of continued domestic violence, & said that there was blood splatter in my home.
I'm sure that the allegations of domestic violence were pulled from our previous case with DCS. The first time I was not involved because my wife was in another relationship at the time. We became intimate halfway through that case. Only the youngest child is mine, but I have been here for six years. the children are ages 9 (twins), 7, 6, 4.
I wish to know if anyone can help us in this. We've done nothing wrong, there has been no domestic violence sice Oct. 2011. My family was happy & everyone was looking forward to moving to Arizona. We also have older children, but they were going to remain here in Indiana. My wife's 19 y/o lives with her boyfriend & I have three older children who live with their mother.
Can DCS come into my home and remove my children like this. Why was she allowed to lie in court, building a case from the dregsof an old one? Please help. We jsu want our children back so that we can get on with our lives and be happy.
Is this legal?
