Search found 46 matches

by Lysander
Sat Dec 24, 2016 1:47 pm
Forum: Round Table
Topic: Lowering the age of majority
Replies: 1
Views: 311

Lowering the age of majority

Lowering the age of majority could have a profound impact on CPS's power. Kids are no longer subject to the jurisdiction of CPS once they reach the age of majority. If parental rights were terminated, and the adoptive parents didn't allow the kids to have any contact with their biological parents, t...
by Lysander
Wed Mar 30, 2016 8:31 am
Forum: Psychiatry & Medications
Topic: Is a psychiatrist's opinion clear and convincing evidence?
Replies: 1
Views: 1987

Is a psychiatrist's opinion clear and convincing evidence?

Will a psychiatrist's opinion be considered clear and convincing evidence at a termination hearing? For example, if he evaluates you and issues a report saying you're unfit to raise your kid, is that clear and convincing evidence of unfitness, assuming that all the facts (i.e. what you said, what yo...
by Lysander
Wed Mar 02, 2016 6:41 pm
Forum: Round Table
Topic: Hierarchy of credibility
Replies: 1
Views: 343

Hierarchy of credibility

I notice that in my CPS case, my wife made a bunch of allegations against me, and the judge said she was going to make sure all that was investigated; and then, in the same hearing, she made a bunch of allegations against her own adoptive parents (who also had custody of our kid at the time) and the...
by Lysander
Sun Feb 07, 2016 9:38 am
Forum: Drug Related Cases
Topic: >>>> PLEASE READ HELPFUL INFO AND LINKS <<<<<
Replies: 4
Views: 940

Re: >>>> PLEASE READ HELPFUL INFO AND LINKS <<<<<

What about breastfeeding? Might the state not argue that the mother could pass some illegal drugs to the child during breastfeeding, despite the scant research on the subject? See, e.g. http://www.cfp.ca/content/58/11/1218.full
by Lysander
Tue Jan 12, 2016 6:47 pm
Forum: Psychiatry & Medications
Topic: Fiding an unbiased person to do sex offender risk assessment
Replies: 2
Views: 406

Fiding an unbiased person to do sex offender risk assessment

It looks like I'm going to get court-ordered to undergo a sex offender risk assessment. I get to choose the person who does it. They need to be a board-certified sex offender evaluator or therapist. How do I find someone who is reasonably neutral and unbiased? I want to make sure it's not someone wh...
by Lysander
Sat Oct 31, 2015 8:20 am
Forum: Round Table
Topic: Are the courts actually applying a preponderance standard?
Replies: 0
Views: 258

Are the courts actually applying a preponderance standard?

I was wondering if the courts are actually applying a preponderance of the evidence standard, or if they are (illegally) erring on the side of finding kids dependent and neglected whom the evidence hasn't proved would've been, more likely than not, exposed to injurious environments, etc. by their pa...
by Lysander
Wed Oct 28, 2015 2:10 am
Forum: Medical Issues
Topic: Does the court order an evaluation at the end of the plan?
Replies: 1
Views: 326

Does the court order an evaluation at the end of the plan?

After a child is found dependent/neglected, the court will sometimes order an evaluation to see what the psychologist recommends should be included in the treatment plan. Is there also usually an evaluation at the end of the treatment plan to see if the parent is now fit to raise his child, or do th...
by Lysander
Wed Oct 28, 2015 2:08 am
Forum: Medical Issues
Topic: Do judges follow court-ordered shrinks' recommendations?
Replies: 4
Views: 699

Re: Do judges follow court-ordered shrinks' recommendations?

Probably they'd follow that recommendation, unless you had psychologists on your side of the courtroom saying the opposite. So basically, unless you're prepared to spend a bunch of money, you're out of luck. Sometimes it seems like the dependency and neglect system is basically a way of fining you ...
by Lysander
Tue Oct 27, 2015 6:57 pm
Forum: Medical Issues
Topic: Do judges follow court-ordered shrinks' recommendations?
Replies: 4
Views: 699

Do judges follow court-ordered shrinks' recommendations?

If a court-ordered psychologist recommends that I not be allowed unsupervised contact with my kid, will the judge probably follow that recommendation?
by Lysander
Sat Oct 24, 2015 4:25 pm
Forum: Round Table
Topic: What happens if you disobey court orders?
Replies: 7
Views: 780

Re: What happens if you disobey court orders?

The adjudication is to determine whether the state is justified to assume temporary legal custody of her. The next trial is to determine whether to terminate your parental rights, clearing the way for adoption. You have about a year to successfully complete your case plan. If you do that and can do...
by Lysander
Tue Oct 13, 2015 4:23 pm
Forum: Round Table
Topic: What happens if you disobey court orders?
Replies: 7
Views: 780

Re: What happens if you disobey court orders?

That's not the way it's "supposed" to happen. For example, in my case, the foster parents knew that they were only giving temporary support to our family. They already had four kids of their own, and didn't want any more. They didn't let my kids call them "Mom" or "Dad.&quo...
by Lysander
Mon Oct 12, 2015 3:41 pm
Forum: Round Table
Topic: What happens if you disobey court orders?
Replies: 7
Views: 780

Re: What happens if you disobey court orders?

I think you're giving up way too easily. By ordering you to take a psych eval, they're actually giving you a chance to reunify with your daughter. Psych evals are pretty painless, and relatively easy to "pass," with you looking perfectly "normal." Also, you're still a long way f...
by Lysander
Sun Oct 11, 2015 7:29 pm
Forum: Round Table
Topic: What happens if you disobey court orders?
Replies: 7
Views: 780

What happens if you disobey court orders?

The court (in Colorado) found my daughter to be dependent and neglected and ordered me to take a psychological evaluation. What happens if I don't do it? Do they only terminate parental rights, or do they ever issue bench warrants in such cases? I'm out-of-state (1,600 miles away) from the court. Th...
by Lysander
Mon Sep 21, 2015 4:39 pm
Forum: Round Table
Topic: So what happens if an unfit parent has more kids?
Replies: 3
Views: 524

Re: So what happens if an unfit parent has more kids?

A previous involuntary TPR can serve as grounds for a state to ask a court to terminate parental rights of the new child. The state still has to prove its case to the judge that it is in the best interests of the child to be put up for adoption. There are several new mothers on this board who have ...
by Lysander
Sun Sep 20, 2015 3:21 pm
Forum: Round Table
Topic: CPS cases are about more than just the fate of the child
Replies: 6
Views: 691

Re: CPS cases are about more than just the fate of the child

LindaJM wrote:The letter in the newspaper could have been the reason. I've had bad things happen due to letters I wrote to editors.


So what do you think? Is it better to take a stand for what you believe is right, rather than stay silent for fear of reprisals from CPS?
by Lysander
Sun Sep 20, 2015 2:48 pm
Forum: Round Table
Topic: So what happens if an unfit parent has more kids?
Replies: 3
Views: 524

So what happens if an unfit parent has more kids?

Suppose a parent is declared by the court to be unfit, and their parental rights are terminated. What happens when they have more kids? Does CPS typically initiate a case as soon as they hear about their existence? There are, after all, some behaviors (e.g. child sexual abuse) that the state will co...
by Lysander
Sun Sep 20, 2015 9:25 am
Forum: Round Table
Topic: Why weren't O.J. Simpson's kids taken away?
Replies: 2
Views: 374

Re: Why weren't O.J. Simpson's kids taken away?

LindaJM wrote:I thought their maternal grandparents had custody of them.


Maybe you're right. Someone had to have been taking care of them while he was in jail during his murder trial.
by Lysander
Sat Sep 19, 2015 12:50 pm
Forum: Round Table
Topic: Parenthood as an exclusive, privileged club
Replies: 0
Views: 259

Parenthood as an exclusive, privileged club

Given that there are so many reasons for why you can be deprived of your kid, at what point does parenthood become an exclusive, privileged club that only the elite can be a part of? If you're too poor, or you use the wrong drugs, or you committed a crime, then your membership in the club may be rev...
by Lysander
Sat Sep 19, 2015 11:21 am
Forum: Round Table
Topic: Why not initiate D&N proceedings for every child in the U.S.
Replies: 1
Views: 289

Why not initiate D&N proceedings for every child in the U.S.

Someone on Facebook was saying that most parents are unfit, and therefore each time a new baby is born, a dependency and neglect case should automatically be filed against the parents, with the petition listing every possible reason why the parents might not able and willing to adequately care for t...
by Lysander
Sat Sep 19, 2015 11:10 am
Forum: Round Table
Topic: Why weren't O.J. Simpson's kids taken away?
Replies: 2
Views: 374

Why weren't O.J. Simpson's kids taken away?

The current standard is that your kid can be taken away from you if it's proven by a preponderance of the evidence that you're unable or unwilling to give the child reasonable parental care to include, at a minimum, nurturing and safe parenting sufficient to meet the child’s physical, emotional, and...
by Lysander
Sat Sep 12, 2015 3:41 pm
Forum: Round Table
Topic: The indignity of having your child taken away
Replies: 5
Views: 640

Re: The indignity of having your child taken away

There are better ways to fight the system than taking your own life. I am very sorry that this is the path taken by your wife, and I am glad that you remaining in the fight. One of the hazards of killing yourself is that those left behind will tell the story as they see fit. People now say that her...
by Lysander
Sat Sep 12, 2015 8:54 am
Forum: CPS Investigations
Topic: How do they prove that you're the author of an email or post
Replies: 23
Views: 1523

Just to update everyone on the situation

My lawyer and I received a request for admissions from the county attorney asking us to confirm or deny authorship of the emails and posts. The request said, "WARNING: Failure to answer within ten (10) days of service of this Request for Admissions may result in the Court ruling all of the matt...
by Lysander
Sat Sep 12, 2015 8:49 am
Forum: Round Table
Topic: Historical parallels with the Gestapo
Replies: 0
Views: 250

Historical parallels with the Gestapo

"According to Canadian historian Robert Gellately's analysis of the local offices established, the Gestapo was—for the most part—made up of bureaucrats and clerical workers who depended upon denunciations by citizens for their information. Gellately argued that it was because of the widespread ...
by Lysander
Sun Aug 30, 2015 5:50 am
Forum: Round Table
Topic: CPS cases are about more than just the fate of the child
Replies: 6
Views: 691

CPS cases are about more than just the fate of the child

CPS was set up allegedly to protect children, but now CPS cases are increasingly part of how the politically and culturally dominant elements of society enforce their norms, by using children as pawns in a fight against their parents. Society says, for instance, "Oh, you don't care about the th...
by Lysander
Sat Aug 29, 2015 3:51 pm
Forum: Round Table
Topic: Lack of clarity about what can make you lose your kids
Replies: 1
Views: 352

Lack of clarity about what can make you lose your kids

People complain sometimes about how the government has volume after volume of statutes and regulations, so that you would have to become a legal scholar to understand all the intricacies of what's expected of you as a citizen. One thing that can be said in its favor, though, is that at least all the...

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