Legal Question in Family Law in Utah
I have been fighting for custody for several months. DCFS has opened several investigations, including a medical neglect case, but will not do anything, even protective custody, unless something serious happens, such as imminent danger. The children have told DCFS they are kept in a bedroom until noon and only allowed out for the bathroom. At noon they come out and are forced to clean the grandmother's house where my wife left with the children while I was at work last May without my knowledge. My daughter's teeth are rotting out due to neglect of daily care and I was told by the dentist I took her to they need to come out in 3 weeks or suffer permanent dental damage. My son has lost 15 pounds since May and now at 6 yrs old, only weighs 30 pounds, which he hasn't weighed since he was 3. She denies their repeated request to go to the doctor or dentist, but tells DCFS and the court she has made appointments but cancels them after the hearings. She will not allow me to take them either and has refused them medications I have provided her with for their care. She has told them they are fine and that daddy is just trying to hurt mommy and doesn't really want them. I believe this is doing imminent and irreparable harm to them as my 8 yr old daughter woke crying and begging I not return her from Christmas break. She just lost custody of her oldest last month who has suffered permanent partial hearing and vision loss due to non appearance by default. Since no custody has been determined yet, what would be the legal affect if I keep them in my physical custody on their next visit and possibly hand them over to DCFS for protective custody, if that would be helpful and necessary although I can care solely for them, stating I felt it was in their best interest? I would still try to contact her and provide her with supervised visits during this time, which I had to go to court 4 times to obtain from her and she still is not allowing me the court ordered phone calls 2x per week.
1 Answer from Attorneys
You should involve DCFS and claim neglect by their mother. The next time you get them, take them to your local Children's Justice Center, who should be able to do an evaluation. DCFS may take custody and hold a shelter hearing, at which you could be granted temporary custody. Your attorney should enforce the court orders, and if you get temporary custody through DCFS should get a corresponding order from the district court.
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