A better lawyer was not helpful in my situation. I told him I wanted an injunction to bring my son home immediately because my parental rights had been violated without due process or a court order. With him home, we could then proceed to prove that any 'help' he needed was available locally, and that this placement was actually an act of vengence.
The scum bag took my retainer, rarely returned phone calls, did not do what he agreed to do, gradually led my case toward a custody battle which I never wanted complete with psych evals all around which could be contested and a third party (guardian adlitem) for my son. = A bunch of money and time. My son could be out by the time a custody battle could be fought. The day of our mediation he was hanging out with the 'boys' (my ex, his attorney, and the mediator) checking out my ex's attorney's new pick-up truck, when I drove up.
During that mediation my ex and I made compromises. I left there crying because what I had agreed to could've possibly resulted in it being easier for the program to deny me phone access to my son. When I got home and read the document I discovered that my ex's 'compromise' was not listed, only mine. I ripped up the document and fired my attorney immediately.
What rights, if any do you have? You can show up with your divorce decree and demand visitation anytime it is court ordered. That document supercedes all program policies. If they don't release him, call or go to the police dept and ask for assistance. If you have to force the issue, this could actually have a positive effect for you in future family court matters.
If you decide to hire an attorney, severely scrutinize him/her in an interview. Ask for a specific plan of action that will get your son home quickly- an injunction. If s/he varies from what was agreed upon in the initial meeting, fire her/him immediately and file a complaint.
Then... start the process over again.
If you happen to get one with any integrity at all, then argue that services are available locally- the placement is inappropriate and too austere, that he was placed in violation of the ICPC (search WWF for more info on that), and do not let them lead you into a custody battle which could take years and tens-to-hundreds of thousands of dollars. You need immediate results- get the course of action s/he will take in writing, preferably in the contract. If they can't produce, move on.
You are not the only parent who has found themselves in this position. Expect the very real possibility that the program will perjure themselves in order to sway the judge. It won't be an easy fight, but one that I had to take on even though I knew the odds were against me. Good luck.
Here's the irony of this bullshit. If you go get your son you could risk being charged with kidnapping, but your spouse placing your son there is not considered kidnapping. A precedent needs to be set in terms of programs colluding with disgruntled parents who would seek to punish their child and ex with a program placement.
