What is the name of your state (only U.S. law)? Indiana
This is a pretty long story, but to get honest answers, I have to tell it all. I have had full custody of my daughters, currently 8 and 9 yrs. old, since they were born. In the later part of 2010 my husband and I started using meth. In January 2011 my family called DFCS (or CPS) on us and our children were removed. Our 2 sons came back 2 months after removal, daughters could not because of a custody case my ex brought against me. Husband and I completed everything for DCFS w/ flying colors so to speak. Never failed a drug test, I admitted we used meth when they first came. Completed 4 months of drug classes, parenting classes, couples therapy. DFCS wanted to drop their case in Summer of 2011 but could not because of the custody case. Judge said they couldn't because if it was found that I am not a good mother, she would not want to have the girls move home just to move back out.
So, in September, I made an agreement w/ ex for joint custody w/ him having residential for school. DFCS, Family Focus, and CASA all ended w/ the recommendation that girls return home w/ me the end of this school year because that is what I thought would be best. Custody agreement does not state this though.
Recently learned, from my own investigation, that my ex is serving weekends at our local jail. I became suspicious after dropping them off on Sundays to his mother instead of him. It was hidden from me. I also did a search online so I could see if it would tell me what he was arrested for. It did not. It did show however that he was charged w/ 2 things on the same date. I think it is for DUI for himself and his father who was a passenger in his truck last summer. Daughters told me that he had been at his father's drinking and then they left. He wrecked his truck that night. His father had to get stitches. My daughters were w/ their step mother at that time, thank god.
Anyhow, my daughters told me the other day that their father is smoking weed at his girlfriends house in her bedroom. I reported this to police, since he is a weekender. My daughters also stated that a bag of weed fell out of his pocket recently. He told them that weed was o.k. and it is not bad for you. I had to argue for at least 10 minutes telling them it was bad and illegal.
Youngest daughter is supposed to be on an inhaler, I asked why don't she bring it anymore, she said she lost it and does not have a new one. It's been at least 1 1/2 months since she's brought it with her.
Another incidence that my daughters told me is that they went to the park unsupervised with some other kids and that they were lighting fires and running their hands through it and jumping over it. They have no burns. They say that they get to go out unsupervised a lot. When I call, half of the time their father does not know where they went. He is not watching them. Granted they are 8 and 9, but he should still know where they are.
I don't know if this would count, but my ex's wife left the day after we made the agreement on custody. She was just there to help him look better. Since then he has been taking my daughters w/ him to stay the night at his ex wife's house and then to stay the night at his girlfriends house (whom he just started seeing this last month), one night was a school night there. Other times he leaves them w/ his mother while he stays at their houses.
I want to know if this is enough to file for emergency custody and if the judge would even give it to me, w/ my record for DFCS involvement. I have never been arrested for anything. My ex has been arrested over 10 times, mainly for DUI's and twice for hitting his ex wife. I have never been a druggy, up until the end of 2010. I messed up and I am still paying for it. DFCS was done and over w/ Sep. 2011 when my ex and I made the agreement. Should I file for emergency custody or just file for custody modification? I've been told I can do it on my own but I have no idea how, let alone how to word everything on it or what to say to the judge. If I do it on my own, how do I get proof?
This is a pretty long story, but to get honest answers, I have to tell it all. I have had full custody of my daughters, currently 8 and 9 yrs. old, since they were born. In the later part of 2010 my husband and I started using meth. In January 2011 my family called DFCS (or CPS) on us and our children were removed. Our 2 sons came back 2 months after removal, daughters could not because of a custody case my ex brought against me. Husband and I completed everything for DCFS w/ flying colors so to speak. Never failed a drug test, I admitted we used meth when they first came. Completed 4 months of drug classes, parenting classes, couples therapy. DFCS wanted to drop their case in Summer of 2011 but could not because of the custody case. Judge said they couldn't because if it was found that I am not a good mother, she would not want to have the girls move home just to move back out.
So, in September, I made an agreement w/ ex for joint custody w/ him having residential for school. DFCS, Family Focus, and CASA all ended w/ the recommendation that girls return home w/ me the end of this school year because that is what I thought would be best. Custody agreement does not state this though.
Recently learned, from my own investigation, that my ex is serving weekends at our local jail. I became suspicious after dropping them off on Sundays to his mother instead of him. It was hidden from me. I also did a search online so I could see if it would tell me what he was arrested for. It did not. It did show however that he was charged w/ 2 things on the same date. I think it is for DUI for himself and his father who was a passenger in his truck last summer. Daughters told me that he had been at his father's drinking and then they left. He wrecked his truck that night. His father had to get stitches. My daughters were w/ their step mother at that time, thank god.
Anyhow, my daughters told me the other day that their father is smoking weed at his girlfriends house in her bedroom. I reported this to police, since he is a weekender. My daughters also stated that a bag of weed fell out of his pocket recently. He told them that weed was o.k. and it is not bad for you. I had to argue for at least 10 minutes telling them it was bad and illegal.
Youngest daughter is supposed to be on an inhaler, I asked why don't she bring it anymore, she said she lost it and does not have a new one. It's been at least 1 1/2 months since she's brought it with her.
Another incidence that my daughters told me is that they went to the park unsupervised with some other kids and that they were lighting fires and running their hands through it and jumping over it. They have no burns. They say that they get to go out unsupervised a lot. When I call, half of the time their father does not know where they went. He is not watching them. Granted they are 8 and 9, but he should still know where they are.
I don't know if this would count, but my ex's wife left the day after we made the agreement on custody. She was just there to help him look better. Since then he has been taking my daughters w/ him to stay the night at his ex wife's house and then to stay the night at his girlfriends house (whom he just started seeing this last month), one night was a school night there. Other times he leaves them w/ his mother while he stays at their houses.
I want to know if this is enough to file for emergency custody and if the judge would even give it to me, w/ my record for DFCS involvement. I have never been arrested for anything. My ex has been arrested over 10 times, mainly for DUI's and twice for hitting his ex wife. I have never been a druggy, up until the end of 2010. I messed up and I am still paying for it. DFCS was done and over w/ Sep. 2011 when my ex and I made the agreement. Should I file for emergency custody or just file for custody modification? I've been told I can do it on my own but I have no idea how, let alone how to word everything on it or what to say to the judge. If I do it on my own, how do I get proof?
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