my son takin!

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typappa
Posts: 9
Joined: Fri Dec 16, 2011 12:03 am

my son takin!

Postby typappa » Fri Dec 16, 2011 11:32 am

my son was takin from me 6 months ago because he had bruises on his butt (only on his butt) when he went back to his mothers. CPS asked if I had spanked him, when he was with me, I told them that I did spank him over the 5 day weekend with me, as I rarley spank my son. 7 days later I was in dependency court. my dependency attorney was going to set it up for trial, based on evidence and witnesses. However, when me and my mother returned from lunch at the courthouse are attorney was switched on us. the new attorney who in troduced himself as my other attorneys boss , said hey great news we were able to get what you wanted, he informed me that all I had to do was a few drug test some classes in everything goes back to the way it was 50-50 custody . well it turns out that in fact nothing had changed from what the other attorney had informed me of. so now I don't know what to do? I emailed the prior attorney and she said well I'm not sure what happened since I wasn't there I had left instructions to set it up for trial . should I fire my attorney ? I was able to file for an appeal and I'm currently waiting for an appellate attorney to contact me . as it stands my visitation with my son is 1 hour week with an intern therapist . I have never missed a day with my son. any advice will be much appreciated . I truly am astonished by what is happening
Last edited by typappa on Fri Dec 16, 2011 8:26 pm, edited 1 time in total.

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: my son takin!

Postby Eljay » Fri Dec 16, 2011 1:05 pm

Are you still at the courthouse? Go talk to the judge! Tell him you were completely misled by a last-minute substitution. Did they not READ the agreement out loud when you were sitting there? Our judge read the disposition and asked if we understood.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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typappa
Posts: 9
Joined: Fri Dec 16, 2011 12:03 am

Re: my son takin!

Postby typappa » Fri Dec 16, 2011 7:42 pm

thank you so very much for your answer. to answer ur question we are not at the court house, this was almost 2 months ago, yes i belive the judge read it out loud. when me and my mother returned from lunch the new attorney said "hey great news nmiss Blank (prior attorney) was able to get what you wanted", I trusted this guy because he said he was miss Blank's boss and since we new miss Blank reveiwed all the evedence and talked to me and my mom in great detail for 30 min during the lunch break, and that miss Blank had recomended we set it up for trial based on the evedence, so since this was miss blanks boss, when we returned we thought somthing had changed, but later in emails to miss Blank, miss Blank states that she had left instructions to set it up for trial, shes not sure what happened. I was mislead and I have that email to prove it, and my mother as a witness, as my mother was there when miss Blanks boss said "great news miss blank was able to get you what you wanted".
how do I go beofre the judge to show them the emails, is there a form I file?

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: my son takin!

Postby Eljay » Fri Dec 16, 2011 10:24 pm

So... what was "processed" by the court? Did you sign/stipulate and agree to follow CPS's case plan? Sometimes this is their plea deal that they get you to agree to so that you are forced into their "services".

Why aren't Miss Blank and her boss fixing this for you?
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

typappa
Posts: 9
Joined: Fri Dec 16, 2011 12:03 am

Re: my son takin!

Postby typappa » Sat Dec 17, 2011 9:12 am

Thank you so much for your reply, when I read ur reply I felt sick to my stomach, Yes i did sign a case plan. Miss Blank is now out on maturnity leave, and I have talked to her boss, he is real pushy. Here is where Im at with this guy, He's my attorneys office, How do I tell the guy he lied to me and my mom that day and yes, he did miss lead us. This I know now becasuse nothing has changed in visitation.
miss Blank and I comunicated in emails several times on this topic, in fact I just pulled her responses up and in one email she states " I did write a very detailed note asking my supervisor to set the matter for trial, This was even with the possibility of DCFS agreeing to the proposed language which I had submitted previously". so do I call the boss a liar and just tell him to fix it? Fire him? then what happens?

I should of signed on to this site months ago, Thank you again for your reply

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monkette31
Posts: 1657
Joined: Tue Oct 05, 2010 1:12 am
Location: Los Angeles, California
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Re: my son takin!

Postby monkette31 » Sat Dec 17, 2011 2:28 pm

This is what the court appointed attorneys do at all cost. Their job seems to be to DIRECT the parents into services...never have a trial. It's too much work for them, they run around the courthouse like scared bunnies, telling clients they're afraid of the judge. My own case I had 4 different lawyers, each just pops up at a different court date and says they're the lawyer and they did their job, they got you into services. THEY SUCK!

When is your next hearing date and have you did anything on their caseplan? You can appeal each part of the case, each hearing, I heard...maybe you should file an appeal to the disposition of the case....
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

Ken-JPAC
Posts: 24
Joined: Fri Dec 09, 2011 9:03 am

Re: my son takin!

Postby Ken-JPAC » Sat Dec 17, 2011 6:27 pm

If it were me...I believe I'd have a little chat with someone at your state bar association about this...and then have a chat Ms Blanks Bossman. I can not speak for CA...but in Texas attorneys take an oathe when they pass the bar to defend their clients in the way their clients wish them to...to humble themselves and follow the will of their clients...even though they are also required to ADVISE/COUNSEL their client as to what they think is the best course of action. There is a VERY good reason it is structured like that...first of all your attorney may not believe you are innocent even though you KNOW you are...and even if they aren't being lazy; because they think you may be guilty or don't think they can win..they may recomend a deal, instead of fighting like you want to.
Unfortuneately many attorney do as they darn well please...especially public defenders that have a pretty good idea NONE of their "clients" would ever know these things...but yes in some states they can be disbarred for selling you down the rivere...even if they are a public defender, they are still YOUR attorney!

I am not an attorney...just speaking some friendly advice.

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

Re: my son takin!

Postby Daruma » Sat Dec 17, 2011 6:42 pm

That was my thought, too. If your attorney acted unethically, you can certainly report him to the state bar association. There's no excuse for him doing that to you.

See this link on getting your attorney to work for you:
http://fightcps.com/2007/08/20/make-your-court-appointed-attorney-work-for-you/
There are some good comments after the article so please don't overlook those.
These are my personal opinions only. They are not legal, medical, or financial advice.


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