Search found 202 matches

by fightingfor3
Tue Jan 02, 2007 10:34 pm
Forum: CPS Investigations
Topic: Statutes TOO broad:
Replies: 2
Views: 814

Statutes TOO broad:

:idea: I often hear that the Statutes defining neglect/abuse are too broad. Here is something that may be used to combat that: Void For Vagueness : http://en.wikipedia.org/wiki/Void_for_vagueness There is case law to support this action: http://famguardian.org/TaxFreedom/CitesByTopic/VoidForVaguenes...
by fightingfor3
Tue Jan 02, 2007 10:26 pm
Forum: CPS Investigations
Topic: Too late to change?
Replies: 13
Views: 2447

I WANT TO MAKE IT CLEAR: I did not suggest stick it out with a POS lawyer. You need to go with your gut. If this lawyer is doing a crappy job, which if he is yelling at you, and accusing you, how exactly is he going to defend you? Secondly, you don't need to worsen your condition by any means by tak...
by fightingfor3
Tue Jan 02, 2007 5:08 pm
Forum: Round Table
Topic: CASA: Reuniting families or Ripping Them Apart?
Replies: 39
Views: 5487

CASA was assigned to my case from day one, the same time my lawyer was assigned. CHIPS is in the northern states, I believe? They might be more proactive and have more resources available to them. I hear that you are saying that your program is one that is successful. I am glad that it is so. I'm gl...
by fightingfor3
Tue Jan 02, 2007 2:45 pm
Forum: CPS Investigations
Topic: Too late to change?
Replies: 13
Views: 2447

You have a right to know what it is they are requiring to get your children back. I would suggest you write them a certified letter asking and give them 10 days to respond. When they don't respond then you take it to court. If they do respond you keep that letter for your permanent record, but bust ...
by fightingfor3
Tue Jan 02, 2007 2:38 pm
Forum: CPS Investigations
Topic: Question?
Replies: 9
Views: 1966

What about kinship/guardianship? Did they look into any family to care for the children? There ARE things to help her, but we need more information. Background. Charges, what she has done what she hasn't done, the lawyer, what their excuse is for keeping the kids at this point. There are several of ...
by fightingfor3
Mon Jan 01, 2007 9:11 pm
Forum: Round Table
Topic: CASA: Reuniting families or Ripping Them Apart?
Replies: 39
Views: 5487

I too have had no good interaction with them. The one time I talked with a CASA advocate was AFTER I was adjudicated. What's the point in that? I was not ALLOWED to talk to them prior. I went directly to their office and spoke with the advocate assigned to our case. She offered nothing. I addressed ...
by fightingfor3
Mon Jan 01, 2007 8:58 pm
Forum: Newcomers - Welcome to the site - please sign in here
Topic: Does this constitute abuse to our child?
Replies: 10
Views: 2006

You can research your state laws here: http://www.childwelfare.gov/systemwide/laws_policies/search/index.cfm This is good advice on what to do when CPS comes to your door: http://www.fightcps.com/articles/whattodo.html http://familyrightsassociation.com/info/help/when_they_come_after_you.htm If you ...
by fightingfor3
Mon Jan 01, 2007 1:21 pm
Forum: CPS Investigations
Topic: My case against CPS
Replies: 6
Views: 1327

Also, I have the objections and corrections to the Motion For Ex Parte Custody Order, to the Affidavit, to the Petition, and to The 2nd CRB report, and an affidavit saying I never denied D's surgery. I don't know what else to put in there. I will have to work on the Declaration of Facts this week. I...
by fightingfor3
Mon Jan 01, 2007 1:16 pm
Forum: CPS Investigations
Topic: My case against CPS
Replies: 6
Views: 1327

MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION COMES NOW,***, Sui Juris, free, Sovereign Natural Person and Family Body, Actual Parent, and for minor offspring, Citizen of the state of New Mexico, without accepting subject matter jurisdiction, to demand the Court to Dismiss this Cause for...
by fightingfor3
Mon Jan 01, 2007 1:13 pm
Forum: CPS Investigations
Topic: My case against CPS
Replies: 6
Views: 1327

MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND FOR FAILURE TO STATE CAUSE OF ACTION COMES NOW, **, Sui Juris, free, Sovereign Natural Person and Family Body, Actual Parent, and for minor offspring, Citizen of the state of New Mexico, without accepting subject matter jurisdiction, to d...
by fightingfor3
Mon Jan 01, 2007 1:06 pm
Forum: CPS Investigations
Topic: My case against CPS
Replies: 6
Views: 1327

MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION AND FOR FAILURE TO STATE CAUSE OF ACTION COMES NOW, **, Sui Juris, free, Sovereign Natural Person and Family Body, Actual Parent, and for minor offspring, Citizen of the state of New Mexico to demand the Court to Dismiss the Ex Parte Custody ...
by fightingfor3
Mon Jan 01, 2007 1:00 pm
Forum: CPS Investigations
Topic: My case against CPS
Replies: 6
Views: 1327

MOTION FOR COURTS TO MAKE A NEGATIVE REASONABLE EFFORTS DETERMINATION COMES NOW, **, Sui Juris, free, Sovereign Natural Person and Family Body, Actual Parent, and for minor offspring, Citizen of the state of New Mexico to Demand this Court to: 1. Find that the STATE OF NEW MEXICO ex rel. CHILDREN AN...
by fightingfor3
Mon Jan 01, 2007 12:52 pm
Forum: CPS Investigations
Topic: My case against CPS
Replies: 6
Views: 1327

MOTION TO CLAIM AND EXERCISE CONSTITUTIONAL RIGHTS and REQUIRE THE PRESIDING JUDGE TO RULE UPON THIS MOTION, and ALL PUBLIC OFFICERS OF THIS COURT TO UPHOLD SAID RIGHTS COMES NOW, ***, Sui Juris, free, Sovereign Natural Person and Family Body, Actual Parent, and for minor offspring, Citizen of the s...
by fightingfor3
Mon Jan 01, 2007 12:51 pm
Forum: CPS Investigations
Topic: My case against CPS
Replies: 6
Views: 1327

My case against CPS

MOTION TO DEMAND THIS COURT READ ALL PLEADINGS DEFENDANT FILES WITH THIS COURT, AND ADHERE ONLY TO CONSTITUTIONALLY COMPLIANT LAW AND CASE LAW, AND MORE PARTICULARLY, THE BILL OF RIGHTS, IN ITS RULINGS COMES NOW,**, Sui Juris, free, Sovereign Natural Person and Family Body, Actual Parent, and for mi...
by fightingfor3
Mon Jan 01, 2007 9:41 am
Forum: Round Table
Topic: Quick Computer question
Replies: 1
Views: 477

Quick Computer question

My work unfortunately only has the Microsoft Works Word Processor. I hate it. Anyway I can't seem to put in a footnote or anything else. Can I just write the page numbers in? Also, Lawyer Dude had a good suggestion, give each document a tracking number. It helps maintain your records orderly and is ...
by fightingfor3
Mon Jan 01, 2007 9:33 am
Forum: Round Table
Topic: Ughh... Didnt know what an IHB entailed...
Replies: 7
Views: 1158

Any "plan" CPS sets up is going to have an insane amount of hoops, whether it applies to you or not. The reason is not to help you, but to seal the deal that you will fail. This is another way to build a case when they don't have one. Canceled appointments, etc will be used against you. Document, do...
by fightingfor3
Mon Jan 01, 2007 9:02 am
Forum: Round Table
Topic: Just a thought..
Replies: 7
Views: 1402

I understand that this has been going on for far too long. I was saddened because when I began to become more educated on the issue, I was determined that my case could "DO" something. That I could sue these people and the issue would come to light, and others would gather around and create such an ...
by fightingfor3
Mon Jan 01, 2007 1:49 am
Forum: Round Table
Topic: Just a thought..
Replies: 7
Views: 1402

Gary, why not create a formated letter? If hundreds/thousands of the same message came across it might be more effective.
by fightingfor3
Mon Jan 01, 2007 1:41 am
Forum: Round Table
Topic: Happy New Year
Replies: 2
Views: 658

Hope it's a happy new year too! :D
by fightingfor3
Sat Dec 30, 2006 9:14 pm
Forum: Newcomers - Welcome to the site - please sign in here
Topic: question about adoption subsidies?
Replies: 7
Views: 1446

Good point! I brought up a similar point in a motion recently about the CRB. In our state their one goal on their site is to help foster homes be all they can. ??? Isn't that backwards? If they spent more time focusing on core issues think of how much money would be saved, let alone the efficiency a...
by fightingfor3
Sat Dec 30, 2006 8:54 pm
Forum: CPS Investigations
Topic: Motion to dismiss adjudication judgment
Replies: 0
Views: 360

Motion to dismiss adjudication judgment

MOTION TO DISMISS COMES NOW, ***, Sui Juris, free, Sovereign Natural Person and Family Body, Actual Parent, and for minor offspring, Citizen of the state of New Mexico, without accepting subject matter jurisdiction, to demand the Court to reconsider its opinion and Order in this cause as to Judgment...
by fightingfor3
Sat Dec 30, 2006 5:45 pm
Forum: CPS Investigations
Topic: Has anyone ever tried filing an injunction to stop....
Replies: 10
Views: 1553

I found the answer Good Dad: 13.7.4 REASONABLE EFFORTS The section of the Abuse and Neglect Act on custody hearings requires that reasonable efforts be made to preserve and reunify the family, with the paramount concern being the child's health and safety. §32A-4-18(D). The ASFA regulations also req...
by fightingfor3
Sat Dec 30, 2006 5:39 pm
Forum: CPS Investigations
Topic: Motion to dismiss ex parte custody order
Replies: 1
Views: 442

MOTION TO DISMISS FOR FAILURE TO STATE A CAUSE OF ACTION COMES NOW, ***, Sui Juris, free, Sovereign Natural Person and Family Body, Actual Parent, and for minor offspring, Citizen of the state of New Mexico to demand the Court to Dismiss the Ex Parte Custody Order and all subsequent Orders for the f...
by fightingfor3
Sat Dec 30, 2006 4:57 pm
Forum: CPS Investigations
Topic: Marina
Replies: 6
Views: 1057

Ginsberg v. New York, 390 US 629 (1968) ... We have recognized on numerous occasions that the relationship between the parent and the child is Constitutionally protected (Wisconsin v. Yoder, Stanley v. Illinois, Meyer v. Nebraska) ... “It is cardinal with us that the custody, care, and nurture of th...
by fightingfor3
Sat Dec 30, 2006 3:42 pm
Forum: CPS Investigations
Topic: Motion to dismiss ex parte custody order
Replies: 1
Views: 442

Motion to dismiss ex parte custody order

If a motion was filed at 2:02 and ordered in the same minute, there would be no way to dispute that somehow the judge had the seen the motion, read it, and signed it prior to filing it is there?

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