Case worker stated it was due to “past history” and case dynamics. The accused has 3 prior CPS cases but all ruled out.
What does moderate risk or level 3 mean? Like is there any actual effect on future cases?
I have OFW logs of every time he’s failed to get the kids, dropped them off a day early or picked them up a day late.
Not sure how else to “prove it”? Assuming this usually becomes a he said/she said.
Ex is currently on SPO. I’m not trying to reduce his time, instead I’m trying to state don’t give him more time when he’s not using what he already has. So basically keep the status quo and don’t expand to ESPO. Kiddo has been on the current schedule for 3 years.
I have a quick chart that shows he only gives up 10% of his standard possession weekends, but he gives up 50% of his extended time (holidays, summer, 3 day weekends). That to me is the line to say.. don’t give him MORE of the time he already doesn’t use.
Anybody was successful showing this in court?
Heading into modification hearing.
CPS investigated after kiddo stated to therapist that dad hit him. Dad denied. Child had no bruises. CPS ruled out and then stated a “level 3” risk factor for abuse and neglect, they’re calling it “moderate” in the report. Therapist diagnosed child with anxiety disorder attributed to the hitting incident.
Is this worth still bringing up in a modification hearing even though it was ruled out? I’m not sure what these risk levels means and if a judge would care.
Dad has multiple other CPS cases spanning 5 years back, against his two other children (we just only found this out by getting the full report from the case worker). All state physical violence, but even with video proof and independent witnesses calling police (incidents were in public) they were also ruled out, however safety measures were implemented.
I have an attorney but curious about others experiences.
We first filed for enforcement over six separate violations. All violations are proven through OFW communications and public records. Violations include moving twice without informing me, or the court, and refusing to give address when asked. Also refusal to pay 50% of medical expenses, speaking ill of me in front of child and teacher, and complete non-communication in terms of medical care/illnesses.
I had enough after 2 years and filed. Coincidentally immediately after being served ex had visitation with our son. Son came home from that weekend and said he’d been hit in the head for not listening (son is 4 years old). Kid did a 180 after this - complete hysterics when doing exchanges, hyperventilating and screaming he’s scared and doesn’t want to go.
Ex was not forthcoming when I asked him what happened, kind of skirted around what happened. Didn’t deny, but also didn’t admit. I decided to try play therapy to give kiddo a place to process.
Well that made it even messier. Therapist told me after 1st session she’s calling CPS. They got involved quickly and interviewed kid at preschool, where he told the case worker the same thing he told the therapist (I was hit in the head, it was on purpose, it hurt).
After speaking to my attorney and considering dads history (dad assaulted me in front of our son 3 years ago, was convicted criminally 18 months ago for that event), we now filed for modification just 1 month after filing for the enforcement. We are asking for supervised visitation as a stricter version of what we already do (supervised exchanges).
And lo and behold - the second he was served with the modification he stopped paying child support. No clue how he managed that because it’s pulled from his check, but regardless it completely stopped. Not a cent received in 2 months.
Going into temp orders hearing soon. I’ve been in front of this judge before and she’s sharp but has zero patience. Has anybody been in a case that’s messy like this? Do we now ignore the violations and the no child support, and only focus on the CPS and therapist notes?
If relevant - he is about 4k in arrears which I know isn’t a lot. The criminal conviction happened after our final order so judge is not aware of that yet. And lastly - my biggest problem prior to our kiddo having these breakdowns was the complete lack of medical communication (he doesn’t communicate about medication given, frequently dismisses pediatric advice and prescriptions, and takes on average 15 days to respond to a child focused message in OFW).