Caught in a prediciment

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eyeq181
Posts: 178
Joined: Thu May 24, 2007 5:22 am

Caught in a prediciment

Postby eyeq181 » Fri Oct 02, 2009 10:34 pm

Well I get to go to trial on termination of my rights. They said if I voluntarily do it then I will still get to visit them since they as of now are going back to my ex.

Here is my situation. The reason why they want to terminate my rights are this. I left my abusive husband. I was going to be killed if I stayed so I ran and I am still in hiding with a friend. I have been in contact with my caseworker and casa at least 3 times a week since I left. They have been playing around with visits so that I don't get them. I am in the process of getting all the evidence together. And my ex put my son in a predicament that I have to choose. If I submit all of my proof that my ex was abusive then my son who has decided to emancipate himself and swore under oath that he was only hit once and it wasn't that bad will go to jail for 10 years. But if I don't submit the proof then it shows that I abandon my kids which is grounds for termination.
Parents spend so much time teaching our kids not to go with strangers or talk to strangers, and no to show your body to strangers. And this is what CPS-DHS is all about.

Mema
Posts: 116
Joined: Sun Jan 11, 2009 2:43 am
Location: New York/am resident Wisconsin
Contact:

caught in a predicament

Postby Mema » Sat Oct 03, 2009 4:28 am

There is a termination of parental rights in Supreme Court right now questioning the constitutionality of terminating with preponderance of evidence pursuant to I think Santosky? not sure which case law. I am an advocate of unconstitutional cps cases especially at termination stage going to federal court. There is a way to pull them out of state I learned from Thorm Howse on Talkshoe. I share what I have learned for parents wanting to learn their options. The fact that this case will not be decided in time for you makes me question whether you could go the route of removal even to postpone your termination until the Supreme Court has decided. It stops the proceeding in state court leaving the last court orders in place but no other orders or court dates are allowed. The only thing, which with cps is not hard, is it must be in violation of federal law and/or unconstitutional with no other means of recourse. Have you appealed any decisions? Can you prove unconstitutional or federal law violations? Case law is probably available to back you. Just food for thought
Mema <a href=http://www.squidoo.com/by_the_book_reform>STOP Child Protective Corruption Ulster County N.Y.</a>

eyeq181
Posts: 178
Joined: Thu May 24, 2007 5:22 am

Postby eyeq181 » Sun Oct 04, 2009 2:15 am

I have not appealed anything yet. But I have heard something along these lines too. I have been told by everyone outside of my case that a jury will not terminate my rights. Yes I tested positive for amphetamines not meth, but the second test proved that I was not on anything I had a blood test done. Next, I am a victim of domestic violence and there will be an expert at the trial to testify to it that it was so bad that I have PTSD from it. They are trying to basically terminate my rights because I was depressed not suicidal and I left the state, but have keep contact with caseworkers and casa worker at least 3 times a week.

They are trying to convince me to voluntarily give up my rights if I want to visit them.

I made a decision to protect my smaller kids instead of my teen who wants to be emancipated my ex convinced him of it. It was my exes plot to make me choose between the kids. Which one to save kind of thing.
Parents spend so much time teaching our kids not to go with strangers or talk to strangers, and no to show your body to strangers. And this is what CPS-DHS is all about.

Mema
Posts: 116
Joined: Sun Jan 11, 2009 2:43 am
Location: New York/am resident Wisconsin
Contact:

Postby Mema » Sun Oct 04, 2009 11:14 pm

good luck. I hope all goes well
Mema <a href=http://www.squidoo.com/by_the_book_reform>STOP Child Protective Corruption Ulster County N.Y.</a>


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