Think Small

[MaggieNYC]

I know that many of you fighting CPS are frustrated, fatigued, and perhaps at your wits end and I know that some of you want to sue, and want to bring the whole Constitution down against your accusers. But, think small. Think small. Many of you if not all of you are not in the United States Supreme Court, most of you are in local courts in very small towns or counties.

It is important that you always bring up Constitutional issues in your initial pleadings as you can not fight in Appellate Court if you have not brought up same.
But don't openly voice them, write of them in your briefs, motions, petitions, etc.

Keep your voice small --your verbal voice small.

Lose the bravado to "sue" --you have no chance of "suing" in just a local trial court.

This is a chess game with the most powerful of government agencies against you, whether you are rich, poor, single, married, black, white, employed, unemployed.............it doesn't matter once they have their hands on you.


Think small. Beat them at their own game in the court of law in which they have brought you. Do it all by the books so that you will have reason to appeal if the judgment is against you.

Think like a serpent but act like a dove.


This all in my very humble opinion, no legal advice intended.

[Homeschoolmom7]

This is great advice and I'm glad to have read it! I must add...atleast in my opinion; when you have been wronged and your constitutional rights have been blatantly ignored, it infuriates even the calmest of people. These are our babies, the most below the belt shot that could have ever been taken, in regards to our very core of what is 'valuable' in life. I know, for me personally, my kids 'feel' already gone. CPS has robbed me from feeling 'secure' in my own home or I wouldn't be in a hotel right now. I can't be home to enjoy my kids because CPS has made it clear that that moment I am, they will pound my door down, I can see where people come out with "all guns blazing". Your advice is great and I definitely will keep all that you've said in mind...thank you!

[noroses4u2c]

I kept things small. It didn't matter. Nothing I did mattered. I didn't even think of anything big. I just wanted it to be over. It will never be over. I will be considered a child abuser for the rest of my life for things I never did.

I was never allowed to bring up anything in my initial pleadings. I wasn't allowed initial pleadings. I suppose that is the new way of making sure no one can appeal the decisions made. I wasn't even allowed to submit a declarations of fact into the record. I had one drawn up ready to submit. My court appointed attorney stipulated me to the charges without my consent.

But I do agree that it does no good to go into court ranting and raving. I never did that. I maintained my composure as best as I could. I did raise objections out of turn when the court appointed attorney was stipulating me to the charges when I wanted a trial. The judge just smirked at me and told me I couldn't object and that I just stipulated. I never had a chance.

Now the judge keeps going on about how I admitted to everything by stipulating when she knows full well I was never going to stipulate and then taunts me about how I am not taking it well.

I will never have a chance to clear my name. I cannot even get a grief counselor to help me deal with it because every time I talk to a therapist the therapist hears about CPS involvement and instantly get the attitude 'she is a child abuser in denial' and has no sympathy for me whatsoever.

[Eljay]

MaggieNYC: Your perspective is very much appreciated. Most of us on here are victims who have learned from our experience and the experience of others, but are not educated in law. I wholly agree with what you are saying and will offer the further advice that people should learn the law(s) which each state must follow and demonstrate to CPS and/or the courts how those laws do NOT apply to your case. CPS has a habit of stating that you abused or neglected, but never defining just how you did that.

[noroses4u2c]

I think more people should learn legal basics.