I said I was going to drive the car off a cliff. They say threat of harm by the mother. It was a dramatic text to my sister who called the police. I stayed 2 nites in the Johnson Unit at PeaceHealth, was released for depression and anxiety. I was under a ton of stress including job loss and eviction. My fear which lead up to the text and is that her dad is abusing her. DHS dropped the issue of a psych eval on him and refuses to give me more visitation with her. She has been in his custody for 2 months. I only have one hour visits. I've been her primary care provider. She is 6 years old. I can't convince them to give me more time with her. She needs to see me more, she looks scared and physically tense every time I see her.
You should speak with your attorney on this. It appears that they have set up a case file by your comments above, and therefore, you have to play by their rules. If you do not have an attorney, get one immediately.
NO Attorney/Client Relationship has been established by this response. This information is based only on the facts and details provided in the question and is more of a general explanation or citation to the applicable law, or portions of the applicable law concerning your case, and should not be construed as "legal advice" but "legal information." You should still contact a lawyer to review your case in detail, as well as any and all legal documents in your case, and to obtain specific advice based on your situation. You should not post private information or identifying information in your question, for your own protection, as this could be used against you or as evidence by an averse party later on. I am only licensed to practice in Indiana and any information I post that involves another state should not be construed as practicing law in that state. Please be advised that if you would like to formally retain me, and/or our law firm, you must sign a formal retention agreement and adhere to the terms of representation in order for an attorney/client relationship to be formed between us. Please be sure to rate the best answer, or mark your answer as helpful, if you believe the information posted was helpful to you. Please be sure to read the AVVO usage terms and those terms are hereby incorporated herein.
Parents in Juvenile Court Cases are entitled to a court appointment attorney if they can't afford to hire one. Get an attorney. Mr. Bodzin is correct. When DHS gets involved they usually have a plan that they want to parent they are concerned about to follow before they will approve the return of the child to that parent's custody. You may need to follow their plan very precisely. Also DHS normally won't seek a formal modification of the custody order. They will tell the other parent, in this case the father, to file for custody. So that may be the next thing that happens. You won't be entitled to a court appointment attorney in a civil custody modification case. You should start looking for an attorney to help you with that as well.
As for the father abusing your daughter, you may need to provide evidence of this abuse to get action taken. You may need to talk to a specialist in child abuse to figure out how to do this.
The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline