Update to my last update: CPS
The other blog had so many comments on it so decided to write the new update on the new blog. So those of you who said because there is no formal dates/times were correct. His lawyer said because there is no written agreement or court order, neither parent can be charged with parental kidnapping or witholding, although it does not look good for her to deny him access when CPS has not issued a protective order which they would of done if they were convinced that he abused the children. The more he asks and she denies him access, it will just look worse on her. So she could potentially keep the children from now until a custody order is in place if she so desired.
He gave the option of file a pendente lite motion to be heard next week. However, with an open CPS case he did not believe that was a good idea for many reasons. 1. CPS will most likely not cooperate when they have not finished their investigation, 2. If the judge sides with BM, doesn't gurantee her custody, but would probably weigh heavily in her favor, 3. Due to the oldest not being his, they could argue he has no parental rights and he could lose total custody of her... So he is not going that optionWe are continuing the option of the settlement agreement, but are still waiting for the sheriff's office to get back about the definite date of delivery to her lawyer so we know when the 21 days is up. So hopefully the date for the 21 days is this week, if not it will be next and we can just get the ball rolling on having a CO in place and the divorce done too. Also, CPS has to involve local law enforcement when there is an investigation like this, so my bf talked to the officer today and is coming by tonight for my bf to sign his statement. He said not to worry, it is all routine, they have to do all the steps regardless of whether or not they believe the accusation is true or not, just in case something pops up later, etc. So I think this helped relax us both a little bit, but until the investigation is fully done still going to be on edge.
The CPS worker is supposed to do a home visit this afternoon if not next week. I hope she can do it today, so the investigation can be finished sooner. I suppose it is routine? She said it won't be long and is routine.
So in summary, thank you all for who gave advice in the last blog. Definitely got some helpful suggestions on what to say/do moving forward in regards to BM.