Legal Question in Family Law in Kansas
My son is in state custody and currently lives with his paternal grandfather as a foster parent. My boyfriend and i who both take random u.a.'s and participate in every activity possible to get him back. i was far along to the point where he was staying the night 4 times a weeka nd was going to get him back shortly. my boyfriend and i had got into and arguement and the cops were called because of noise. the whole arguement was posted on facebook. my social worker who is suppose to help me get my son back snooped around on my page and said that my boyfriend isnt allowed to be arounf my son and my visits got dropped down to once a week supervised. My question is, is it legal for her to drop visits because of an arguement that she snooped around to get and my settings are set to private, friends only can view?
1 Answer from Attorneys
The Sad truth about parental custody in Missouri is that the threshold that a parent must meet in order to get their child back is much higher than it is to have them taken away. In my estimation, most parent who wil never have their kids taken form them, cannot meet the standard that the state sets for getting one's child back. You are under heavy scrutiny. The worker (who is really the worker for the child) is going to observe you closely and probably not going to cut you many breaks. If the arguemtn with yrou boyfriend was loud enough for th ekids to get involved, and affected you so much that you put it on the internet, then perhaps there is more to it than you want to recognize.
If a parent has such arguments (especially in the presence of the child) the court will not likely overrule the worker's decision to cut back on visitation around that other nonrelative (your boyfriend) If there is nto threat of harm to the child, then a complete ban on the child being around the boyfriend is probably not in line with the reunification plan. Perhaps your attorney should raise that at the next team meeting.
The issue of viewing facebook pages is not decided in MIssouri to an extent that I can tell you one way or the other. If the worker used fraudulent means to gain acess to yrou information (you woudl have to prove it) than it will beviewed as an improper invatsion of privacy as teh worker is a state agent, and the hearing officer might have to ignore teh information she learned there. Sort of like when the police improperly tap a suspect's telephone and the information of the call is excluded from being used as evidence against the defendant. But, if it appears that the worker gained access the same way anyone else surfing the net could, then the information about the fight may be used against your pleas for renunification. If anyone coudl get at the information, then the court will find that you did not intend to keep it private when you put it on facebook.
Ask your attorney to address this situation sooner rather than later, Yo may have to cut ties with your boyfriend for a while in order to get your kid back.
Good luck