Q: My children are in foster care and me and dad got into argument not physical but dhs says arguing is still domestic if
Dhs is wanting us to separate to give me my kids back now if we legally separate and father signs over full custody what will happen?
A: DHS just wants to have some assurance that you and the father won't be living together and exposing the children to domestic violence. I would get an attorney and have the attorney assist you in clarifying what DHS wants. Filing documents to get a divorce and get awarded custody is not going to help if you secretly plan to continue your relationship with your husband and your husband has not taken steps to control his anger. If your children are in foster care there should be a juvenile court case pending and you will be entitled to a court appointed attorney for your juvenile court case. However the court appointed attorney is limited to helping you with the juvenile court matter and can not help you process divorce papers. There is still a benefit from getting and talking with a court appointed attorney as they can help you figure out what DHS is after so you can get your children back. But I can almost assure you that DHS wants to see an environment where the father is not present regardless of your legal status as married, separated, or divorced. Also DHS wants to see the father admit he has a problem and getting appropriate counseling or treatment.
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