My husbands kids got taken last year and the state took temporary custody. I am being charged with felony abuse on a mionor. My case has not been concluded yet and CPS is telling my husband that if he does not get a divorce from me that he can not get his kids back at all. I didn't think they could do that but they could have us seperate until everything is settled. The judge wants a parenting plan made out but CPS is siding with the childrens biological mother on everything. CPS has been informed that she has tried everything to split us up from the beginning. My husband works away from the house for 30 days and maybe gets 9 days home.
It is possible that a condition for your husband to get custody of your children is to not live with you. It is usually for CPS to demand that a spouse divorce the other to obtain custody of the children.
It would be wise to seek legal counsel regarding your case
I am not sure I understand your situation. You should have court appointed counsel who can answer this question. I can only guess and my guess is not legal advice as I do not know the facts.
As Montana has a public policy in favor of marriage, I doubt that a child protection specialist would be allowed to set divorce as a condition for returning children to a parent. However, if the children cannot live with you or be around you, and your husband wants his children back, that would require him to live separate from you when he is with them. A parenting plan that survives the abuse and neglect action could require that he is not to let the children be around you when he has them.
I speculate that the CPS would prefer a divorce because it would be easier to keep the kids away from you - the relationships would be less confusing to authorities.
DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the reader may rely as the commenter has no actual knowledge of the facts of the case, has not interviewed persons or examined evidence, and has not researched the applicable law. The comment is based only on the facts provided, which are extremely limited, and may or may not be true. Complete defenses may prevent the success of any claim. Competent legal advice should always be obtained before taking any legal action or filing suit. Readers employ any information provided herein at their own risk.
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