Child Custody Legal Concerns

Summary

DCS can remove children if they believe the child is in immediate danger or not in a safe environment. Since you are not the biological father and have a felony conviction, DCS may have concerns about the childs welfare. Your mothers clean record might help, but DCS decisions are based on various factors including the overall environment. The caseworker found no issues, yet the child was removed due to lack of proof of paternity, raising questions. You might have grounds for legal action. Consider consulting a local attorney for personalized advice.

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David
Hi David! How can I assist you with your legal issue today?
David
Hi David! Could you please provide some more details about your legal issue? This will help me assist you better.
The mother of my two boys has an older son and she got pregnant by another man while we were together and we kept the baby a few months later i left her she ?had no means to take care of herself so i took my * boys and the baby girl and moved in with my mother dcs opend a case on her for educational neglect on her oldest i quit letting her have the kids until she cleared up the matter with dcs well dcs showed up at my mothers they stopped in a few times a week to check on our kids and the baby at moms after a month went by they came and took the baby because i am not the biological father and i am a convicted felon but my mother has never been in trouble for anything exccept a speeding ticket can they legally take the baby from us against everyones wishes
It sounds like a complicated and distressing situation. Here are some key points regarding your situation in Indiana:
- DCS can remove children if they believe the child is in immediate danger or if they are not in a safe environment.
- Since you are not the biological father and have a felony conviction, DCS may have concerns about the child's welfare.
- Your mother’s clean record might help, but DCS decisions are based on various factors including the overall environment.
Would you like to be connected to local lawyers who can better assist you with this case?
Yes
Case Rating: *
Great, it seems like a high-value case and connecting with a local lawyer might really help you out. Let's get some necessary details to proceed.
Can you please share your phone number?
Yes
Case Rating: *
I'm glad to assist you further, David. Can you please provide your zipcode so we can proceed with the referral process?
The caseworker said everything looked good for the kids at my moms and he told me that if their mother came to get them to let her have them it was ok for her to have them at her mothers house which she kept them overnight one time after i was told by the caseworker it was ok when i was on my way home from court for the baby my mother called crying hysterically saying they came and removed my son i called the caseworkers supervisor and she told me they removed him because they didnt have proof he was my biological son when the dcs office set up and had me take the dna test a year and a half ago and they refused to return him until i sent them proof he was my biological son yet there was no findings of abuse neglect or drug use at my mothers the kids are warm well fed and taken care of and my caseworker told me he seen no reason to remove at my moms do i have any grounds to sue them
Case Rating: *
Given the complexities and inconsistencies in your case, you might have grounds for legal action. Here are some key points:
- DCS must have a valid reason for removal, such as immediate danger or lack of proper documentation.
- The fact that the caseworker found no issues and yet the child was removed due to lack of proof of paternity raises questions.
Would you like to proceed with connecting to a lawyer for further assistance?
No
Case Rating: *
Thank you for the detailed information, David. Your situation appears to have strong grounds for legal action, and it's great that you've agreed to connect with a lawyer who can provide specialized assistance.
If you need further help in the future, feel free to reach out. Good luck!