My ex and I are child welfare involved, they placed child fist with dad, he gave child back/up? within 24hrs. Now, as other parent can he take my rights away if I don't file first? What steps should I avoid to turning this to an all out battle?
No parent ever has the power to take away another parent's parental rights. The only way that a parent can lose all parental rights is through a juvenile dependency case, brought by the state, and only if the state demonstrates that the parents are unfit and the child cannot safely be returned to them in a reasonable time.
DHS cases are always complicated, fraught, and generally are very classist. That makes this next bit likely unhelpful, but it's still true: There's no way to know exactly what is going on or what to do next without consulting with an attorney in private. That is the only way to be sure your rights are protected. The internet cannot be an adequate substitute. If you're going through a juvenile dependency case, you have the right to court-appointed counsel. You can learn more about this here: http://courts.oregon.gov/OPDS/Pages/index.aspx
Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br>
When the State gets involved, the State has custody. The State may choose to place the children with a parent, relative, or stranger foster care. Either parent may choose to file for custody, but the court will not make a custody determination until the DHS case is resolved (or sometimes having the case dismissed is contingent on a parent filing for custody - so pay attention to the allegations). As far as "giving up rights" - its either the State terminating them or the parent giving them up voluntarily.
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