And I thought last year was hard

Are you going through an investigation now? Tell your story and get feedback here.

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Maxwel Nicoll
Posts: 3
Joined: Sat Aug 20, 2011 10:05 pm

And I thought last year was hard

Postby Maxwel Nicoll » Sat Aug 20, 2011 10:47 pm

First of all, I have been with my child for 5 and a half of six years; taking her to school, non-school classes, parks and everything. My wife would stay at home, and only did that kind of thing 4 or 5 times a year. So, a little over two months ago, my brother got real mad at me and falsely alleged me of sexual abuse with my daughter to my mom. I moved into my parents house with my wife and kid because my Dad was dying; after Dad passed we allowed my brother to move in as we haven't seen him in 10 years. My mom took my daughter to Rady's Children's Hospital in San Diego with my now ex-wife. I was at work, usually my brother watched my kid but he was being rude and fighting with me, so mom was the guardian. My brother was getting ready to leave. Also, he knew he wasn't to watch my daughter but picked her up from school, and that's when my mom found out this issue.

At the hospital mom had no communication with my ex or child. It was over a week until I started getting the abusive recorded messages from my ex. I shopped around and have a really good laywer for what I could afford. Then came the restraining order, and it was removed awesomely. My ex has nothing close to substantial evidence, and CPS (CWS here) is not showing anything like evidence or whatnot. I do have to note, the week the TRO was online I stopped getting work from one of my jobs, which happens to be the major pay. I have friends at work who check on search warrants and all so I think my company knows about the TRO and isn't giving me work. I am also in the middle of getting my Contractor's License, I have passed the test and am almost done. So I am on hold becoming an honest plumber which also pays well.

Now I am on the sex molestor index listing, my attorney is following his process but he says it could take a minimum of 6 months. I am also getting child support I have to fight. My problem is financial- if this takes 6 months or more and child support starts, then I'm going to be broke between not working and paying child support. I can't do enough work under this abuse, and if I can't I'm going to loose my house, truck and 30 year collection of plumbing tools much less pay my attorney his worth-it fee. For both my jobs I have to drive, and I know that if you don't pay then they take your license. My ex won't work and so is a prime canidate for welfare, she is also not a very good mother. My daughters health declined immediatly and now is on a couple of daily medications for the dirt in my ex's house (I figured out my kid has a dust allergy so keep my house very clean and her health was great).

Is there some way I can speed up this case. I have been studying, so I know a little bit. I would like to help my attorney to talk to CPS because they won't talk to me or him. I really need this to go faster because I'm not even making enough this month, and if next month is close I'm going to loose something. I am so broke that I've been trying to find plumbing companies to work for that won't do backgrounds but I don't have the gas to drive anywhere. $15 in deisel is lasting me two weeks, that's how penny pinching I am right now. My mom is helping me and she is flat broke because of it.

I think I need to force the case worker myself, but am unsure how to proceed. I am a real good speaker, I control my emotions and speech. I'm prepped on a good number of amendment and other rights that I can tactfully use. I read that I have the right to case information, and want to do that on Monday. I was thinking of calling them and requesting the info ready by Tuesday, and going to the office first thing in the morning. Finally I'm going to do this, I will succeed, and every emotion and fiber of my body is into getting my daughter back.

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Daruma
Posts: 677
Joined: Sat Aug 28, 2010 12:34 pm

Re: And I thought last year was hard

Postby Daruma » Sun Aug 21, 2011 9:52 am

I am really sorry to read about your plight. Unfortunately, you're not the only parent whom CPS has indirectly impoverished. This seems to be one of the more common results of a CPS investigation.

Personally, I don't know how to speed up the process of getting your records. CPS moves with notorious slowness. I honestly think this is deliberate on their part. Some of it is meant to wear you down, and some of it has to do with the agencies getting money based on the number of current open cases. If you need it, for future reference, your state should have a Freedom of Information law or Sunshine Law you could appeal to. State FOI Laws

As a father falsely accused of abuse, you may find some useful material from a father's rights advocate named George MacCasland. He's probably the most knowledgeable person in America on this sort of thing. His contact information is here.

Can you get some work through a temp agency, just to bring in extra cash on the days you can't do plumbing work? Some agencies offer work on a day-by-day basis. I would really hate to see you have to sell your tools just to keep a roof over your head.

I hope you and your mom have stopped contact with your brother. He is dangerous (not just to you, but to your daughter), he'll almost certainly undermine your efforts if he gets a chance.

Again, I am very sorry this is happening to you. I hope someone else here will have some additional advice.
These are my personal opinions only. They are not legal, medical, or financial advice.

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LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
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Re: And I thought last year was hard

Postby LindaJM » Sun Aug 28, 2011 11:08 am

Have you written your declaration of facts about the case?

Be sure your side of the facts are in the court record.

http://fightcps.com/2010/11/28/fight-cp ... n-library/

Also consider writing "Objections and Corrections to the Report of the Social Worker"...
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...


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