RE: COPS, CUSTODY, AND PROTECTING MY CHILD?

Question by kjcntn: RE: COPS, CUSTODY, AND PROTECTING MY CHILD?
To start with I live in Tennessee. My daughter was taken via “Emergency Temporary Custody” in February of 2001 by my mother and her husband via a private attorney. In other words, there is no DCS / CPS involvement so the only way for me to fight for custody of her would be to hire my own attorney and I haven’t had the money to do that. I spend most of my money paying expenses for her and I guess I shouldn’t have done that. I should have been saving my money instead. But that is neither here nor there.

Last night my daughter called me crying so hard I could hardly understand her. Despite the fact that I had just received a shot for a migraine, and ignoring my better judgment, I went to pick her up.

I asked my daughter (who is 14, by the way) what she wanted to do. She was so hysterical I could hardly get an answer from her. She finally said she wanted to go to the Police Department because my mother’s husband had pulled a gun on her boyfriend, told him to get the f*** out of there, and then shot the gun at him as he tried to get out of the driveway.

During the time he was doing the shooting, my daughter – in an effort to keep my mother’s husband from shooting her little 16-year-old boyfriend – kept jumping up and grabbing the gun (long gun – not sure if its a rifle or a shot gun), hitting his arms, and just basically doing anything she could to keep him from hitting his target. While telling her story at the PD, she was informed by the officer taking the report that what she had done was considered assault and she may end up being charged with assault.
The boy’s father was required to come make a complaint if he wanted my mother’s husband to be charged with Attempted Murder. Since the boy is only 16, he had to have a parent or legal guardian with him to file the complaint.

Oh, another “by the way,” my mother’s husband drinks like a fish – as in a case of beer a day on the weekend PLUS about a fifth of bourbon every weekend, so he was likely drunk. I can’t begin to think of just how much he drinks during the week.

The officers went to my mother’s house and spoke with my mother’s husband. My mother and her husband gave “permission” for my daughter to spend the night with a friend, just so long as she didn’t stay at my house – which is b*** s*** and another topic so I’ll move on.

My daughter is now at school and something is telling me I need to go pick her up early and she and I need to disappear for a few days. I have the feeling – knowing how spiteful and controlling they both are – I will eventually be charged with kidnapping. Even though our visitation was set up for Saturday morning to Sunday morning we haven’t gone by that in at least 7 years.

Now that I’ve worn your eyes out by typing all that here are the questions:

1. If one person is trying to keep another one from getting shot, aren’t they legally able to try to keep it from happening and to use force to do so?
2. If the boyfriend doesn’t want to press charges, can’t the state take it up and charge mother’s husband with Attempted murder anyway?
3. Because I went and picked her up, can they charge me with kidnapping, or interfering with custodial rights or something like that?
4. My daughter was taken from me because I was “hanging around” with “known meth users.” I do not deny that I was using, but I have been clean for over 9 years. I have a good stable home and can provide what shee needs (not what she WANTS, what she NEEDS). If my daughter doesn’t feel safe with my mother’s husband, and if DCS/CPS is brought in to “place” her, wouldn’t they place her with me instead of a stranger?
5. Should I go ahead and try to get in touch with an attorney at this point instead of being blindsided by an officer with a warrant?
PLEASE PLEASE answer back ASAP. This could go down at any given moment.
THANK YOU!
Mother’s husband has been charged with Discharging a Weapon Inside the City Limits.
The boyfriend was sitting in his truck talking to my daughter when drunken mother’s husband thought he heard the boyfriend yelling at my daughter.
The reason I haven’t moved heaven and earth to try to regain custody is simple if you live in a small southern community. Mother’s husband is friends with just about every employee (including the Judges) at our court house and most of the attorneys around here. I tried to hire an attorney on more than one occasion and from other counties. Everything went well until mother’s husband’s name was mentioned. After that they were all ready to stop talking to me.
The “Boss Hogg” comment hit the nail on the head. And, as I suspected would happen, the charges have already been dropped. the officer “forgot” to show up for court. Also, just FYI, my mother & her husband went through a private attorney and did not involve the Dept. of Children’s Services at all. If they had involved DCS I would have been eligible for legal aid in getting her back. As things stand today, they are not involved. However, I may have to involve them myself. I

Best answer:

Answer by David
I say protect your daughter and contact a higher power police department

Answer by WRG
Get a lawyer. Even if it is via legal aid. Try the link below.

http://www.tennlegalaid.com/LegalSvcs/

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