Rights have already been terminated
Moderators: family_man, LindaJM
Rights have already been terminated
I will try and make this short and simple but of course they never are. But here it goes. My brother lost his parental rights almost 2 1/2 years ago. He has been fighting DHS 5 years. They finally won. Anyway his lawyer was horrible and his lawyer stated to him by word of mouth that he would file an appeal but it never happened. His 2 daughter have been separated and adopted out it was almost a year ago. The mother is out of the picture she left when the girls were 1yr and 6 months. That is how this all started. My brother is trying frantically to get someone to help him get them back and get the termination appeal turned around. Is there anyway possible this whole mess can be turned around??? His children are now 10 and 11 years old. My heart aches for this whole mess and what DHS has done to my brother and his daughters. He struggled to be a single father but his daughters loved him dearly that pissed DHS off! They soon turned his daughters against him and he lost the battle. DHS never wanted to work in helping a single dad. They went straight for termination and never worked on reunification. The story is of course much longer but you get my drift. I just want to know if he has any legal grounds at all. I told him I would post a note here and wait to see if anyone has any idea's. We have spoken to many lawyer's but they all tell us it is to late. I just want to give him a little bit of hope if I could. Thanks for any help anyone might have. I am sure there are families that have struggled to get there life together and then finally get it all back and just want what was once theirs back. Why does it have to be this way??
This took place in Benton County Arkansas. Not a lot of fighting lawyers in this county..........also not a lot willing to stand up against DHS. For some reason they (DHS, Judges,Lawyers, Doctors etc.) all seem to do lunch and no one likes stepping on anyone's toes. If you know what I mean by that statement. Another words SMALL TOWN!!
Wow thanks a million, like I, said we all have stories but I bet my brother's will top the cake. I have started a blog for him to keep the support going and it seems to work. TRUST ME I have written letters to all the state employee's I think might be of help but no one seems to want to touch this one. WONDER WHY?? Like I have said, DHS has way to much power over all of this yet not ONE state represenative will have one nice thing to say about DHS?? Even when I ask them if they too had small children that they knew slipped into the system and they had not control would they allow it all of them don't trust them to take care of their children.....Once again I WONDER WHY?? I wish I had known about this website years ago to help my brother and the mistakes never would have been were they are today. If you can help me in anyone that would be great!! I would love to get my brother's girls back. YOU HAVE NO IDEA!
I just want to make you aware that the statute of limitations is 2 years but it's possible your brother might be able to make a special case in federal court because of the following case law:
Permanent termination of parental rights has been described as “the family law equivalent of the death penalty in a criminal case.” Therefore, parents “must be afforded every procedural and substantive protection the law allows.” In re Smith (1991), 77 Ohio App.3d 1, 16, 601 N.E. 2d 45, 54.
So if your brother was not afforded proper due process, he may have an issue that transcends the 2 year statute of limitations because of the overriding nature of the case, termination of parental rights.
Permanent termination of parental rights has been described as “the family law equivalent of the death penalty in a criminal case.” Therefore, parents “must be afforded every procedural and substantive protection the law allows.” In re Smith (1991), 77 Ohio App.3d 1, 16, 601 N.E. 2d 45, 54.
So if your brother was not afforded proper due process, he may have an issue that transcends the 2 year statute of limitations because of the overriding nature of the case, termination of parental rights.
Bob, I am going to put your info in the legal research forum under termination of parentral rights.
This is excellent info for parents who have had a TPR. I believe that the majority of parents who have lost their parental rights did not receive every procedural and substantive protection the law allows.
Thanks for this great info.
This is excellent info for parents who have had a TPR. I believe that the majority of parents who have lost their parental rights did not receive every procedural and substantive protection the law allows.
Thanks for this great info.
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This is not legal advice;hopefully wisdom
To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).
Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour
"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1
This is not legal advice;hopefully wisdom
To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).
Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour
"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1
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DontBiteMyNose
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I feel for him (your brother), as I'm not a single dad, but, I am a stay-at-home dad. The court system as well as CPS is against men, due in part to childless feminists that run both of the systems. Although it may be true that women are more investigated by the goons than men, the men however are always steamrolled and lose out.
You wonder why a lot of lawyers won't challenge CPS? Well, this in due in part that most family attorneys work both sides. A lot of attorneys are afraid because of the money factor and job security.
My parents live in Benton County and they are somewhat well known in Rogers. Should I ask them if they know a good attorney?
I also highly, HIGHLY recommend emailing or talking to this guy on his show, as he's all about men's rights:
http://www.hisside.com/
You wonder why a lot of lawyers won't challenge CPS? Well, this in due in part that most family attorneys work both sides. A lot of attorneys are afraid because of the money factor and job security.
My parents live in Benton County and they are somewhat well known in Rogers. Should I ask them if they know a good attorney?
I also highly, HIGHLY recommend emailing or talking to this guy on his show, as he's all about men's rights:
http://www.hisside.com/
Keep fighting for the truth
Keep fighting for the truth
Keep putting things on the internet.
Here is another father who fought for years. Maybe his story will encourage you.
http://www.puterdocs.com/sspage/
Keep putting things on the internet.
Here is another father who fought for years. Maybe his story will encourage you.
http://www.puterdocs.com/sspage/
Thanks...some how all the support helps
DontBite.............Yes you are right about the lawyers work both sides because I spoke to a lawyer already and he was a juvenile lawyer that hated DHS, I thought he could help but come to find out like you said he works both sides and needs the income. It ended up costing $200 hundred for him to tell me he could not help us!! That always seem to be the case. I am not telling the whole story here because it is way to long. But if you know a lawyer that might help and wants to help and DOSE NOT PLAY both sides of the fence let me know.
I have been to the website you sent me hisside......I was e-mailing him back and forth but once again people hear this story and are over welmed at the out come. It was too much for him but he is always sending me e-mails because I am now on his e-mail list!!
All I need to hear is there is hope and if there is hope, I want to know where to find it. Because I need to give it to my brother so he does not lose hope or faith because he has lost his girls and all he is running on is a "WING AND PRAYER" Thank You all for the support.
I have been to the website you sent me hisside......I was e-mailing him back and forth but once again people hear this story and are over welmed at the out come. It was too much for him but he is always sending me e-mails because I am now on his e-mail list!!
All I need to hear is there is hope and if there is hope, I want to know where to find it. Because I need to give it to my brother so he does not lose hope or faith because he has lost his girls and all he is running on is a "WING AND PRAYER" Thank You all for the support.
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DontBiteMyNose
- Posts: 312
- Joined: Fri Dec 31, 2004 4:00 pm
- Contact:
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