Fed Up Father

[fedupfather2011]

I will remain anonymous for now, as I have an ongoing custody matter before a court in North Dakota. I currently live in Las Vegas, NV I am uncertain as to the future of my children. It seems the social service agencies in North Dakota are unwilling to protect my children. Furthermore, my children's mother is given more and more public funds to mistreat and endanger our two children. It seems that, as a father, my rights in this matter also take a back seat to the CPS policy of keeping families together.

The mother of my children is being accused by a federal agency of a felony that directly affected the safety, security, and welfare of my children. I will not go into details so that I respect the terms and conditions of this website. However, the district attorney has yet to file charges even though this federal agency has recommended prosecution. In the meantime, my children were visiting me this summer when I found this information out directly from the federal agent involved, and I therefore filed a motion for emergency change of custody of my children with the courts in North Dakota. The motion was denied, and on the advice of a father's rights organization, I chose to keep my children here with me. A hearing has been set later in about two weeks. I am fearful that the courts and social services agencies, who historically side with mothers regardless of the circumstances, will require me to return these beautiful children to an unhealthy environment. There have been numerous CPS complaints and investigations as well, but they just keep offering her more services.

I am no saint; I have my own spotted past. However, for the past 4 years I have stabilized and improved my life beyond measure.

My children deserve better than what their mother and I have given them up until this point. And I am now in a position to provide my kids a positive, nurturing, and healthy environment, in stark contrast to what their mother has provided.

I have been denied legal aid in North Dakota. I still pay child support, even while my children are with me. I have enrolled my children in school, and have provided them every necessity, while their mother continues to receive public benefits, and child support.

I need help to ensure the safety of my kiddos. Can anyone point me in the right direction? I am already working with Equal Rights for Divorced Fathers, but they are headquartered in Las Vegas, so I have no "boots on the ground," so to speak, in North Dakota. I obviously have no money to afford an attorney. Any suggestions?

Fed Up Father

[Jim]

Without knowing the dynamics of the orders of custody involved, regardless of the situation, have you looked up child abduction/crossing state boarder laws?
Where is the hearing you are having in a couple of weeks and what is it for?

[Harrison]

Of course you have something in writing from said agency....you know, proof. The only defence for parental abduction is for the safety of the child, and you had better be damn sure able to prove it. FRAMED is right! When a state line is involved charges jump to a felony.
CPS records can be had by request. You can get the proper form on line at the agencies web site, request for information form. You should also try the feds that contacted you.
The down side is these requests take at least 6 weeks. When you deliver the request have the person that receives it sign and date the top page and give you a copy, it shouldn't get lost that way.
To be a help we'll need more info.

[fedupfather2011]

Had the hearing today. My motion was denied. Judge says I have to return them. Spoke with Sherrif in ND. He says there wasa meeting about the arson case yesterday, but still no word about charges or an impending arrest. I didn't log on here soon enough to have a conversation with you guys.

I have been very careful in choosing my actions and did so on the implicit advice of a sherrif, a CPS worker, and Equal Rights for Divorced Fathers in Las Vegas.

The motion for change of custody today was denied on the grounds that bare allegations from an ATF agent was not sufficient to warrant such action. I was informed of my right to set an evidentiary hearing. Now I need to figure out my options for obtaining information and supplying affidivits and witness testimony. Am looking for an attorney in ND, but I have little money, so that might be fruitless.

I was told the children need to return. Not sure how to arrange for that to happen, but will work on it. I have not crossed the fine line into parental abduction unless I now defy the judge after his statements today; which I won't do. BTW, I have not taken my children across state lines without explicit consent and knowledge of their mother; I just refused to return them until the hearing.

I will work on gathering information from the CPS agencies invovled, as you suggest.

I just cannot beleive this woman is allowed to do this stuff. And the system reinforces her behavior at every turn.

So, what do you suggest?

[Harrison]

It must be a wondrous thing to have little or no accountability. I wonder if there's a yellow brick road in girl world.......... Oh that's right it's called familly court.
Let's start with CPS. I looked and couldn't find the proper form, you may have to contact them for it. It's a game A LOT of government departments play. But if you ask for it god help them if they with hold it. Any way when you do make the request you will need to make it simple and undeniably clear. Such as " I would request all files and material concerning Jane and john Smith." Try to keep it about the kids, you have every right to their information and absolutely none to the ex's. They will black out some information, but the meat of the investigation should be there. I'm out of time, got to head to court my self. later

[Jim]

All you can do now is the best you can in your eyes to what is in the best interest of the children, and their safety. Now being told to return the children you are facing an uphill battle to get anyone to do anything that is in the best interest of the children. Remember, no one and absolutely no one in the system cares about your children, except for you. I have seen this time and time again.
Its as if one parent needs to pour gas on the children and lite them on fire before these ridiculous courts will do anything, and even then sometimes what they will do is highly questionable.
Bury them in paperwork and gather all the evidence you need, and then bury them in more paperwork, get their attention that you mean business and will NOT go away, it's the only chance you have.
If anyone screws up along the way and your children are harmed or in severe danger file lawsuits against these agencies. Keep on keeping on, it's what you must do as a father.

[Harrison]

did the judge set a return by date? are the kids registered at any other school? Why is return a problem?