No Help at all...

[hurtbutnothelpless]

Nothing so far on this site have I found helpful- I came here to find info on how to get my court case transfered to federal court and so far have found no helpful info on how to do that. This site has been a waste of my time.

[Eljay]

I think you're barking up the wrong tree. You can't "transfer" a case to the federal level. You could hire a lawyer to file a lawsuit in federal court if your federal rights have been violated, but when you're talking about family courts, they have their jurisdiction that covers their designated area (usually a county).

[Daruma]

I'm sorry we weren't able to be helpful in your situation. Please understand that we have no professional or full-time staff on this site. About 99% of the people who post here are just CPS victims trying to help other CPS victims. We're all volunteers, and as far as I know, no one is making any money from this site. Sometimes we can offer useful advice (or at least a link to advice), and sometimes all we can offer is sympathy and moral support. For specialized legal knowledge, it usually boils down to paying for an attorney. Easier said than done, I know, since CPS likes to target the very people who can't afford an attorney. But I wish you well, and I hope you find the justice you're seeking.

[monkette31]

Ya, I want my case transferred to Federal Court too. This site is a waste of time for that! I also want my dog to grow spikey ears and speak spanish to me...

[Beatthescammers]

Ya, I want my case transferred to Federal Court too. This site is a waste of time for that! I also want my dog to grow spikey ears and speak spanish to me...

[monkette31]

oh yeah...

[Eljay]

I guess, be careful what you wish for? LOL

[hurtbutnothelpless]

On the fight cps site there was a paragraph or so that said, (NOT QUOTING) but something to the fact of, If a person wants to transfer a case to federal court, the motion for that can be found... and then the link to this board is provided. I came here thinking that I would be able to transfer my case to federal court. I reside in Ky... and my rights are being terminated. I have tried to "let-go" my court appointed attorney but the judge is refusing to sign off on it. So, I sent him a letter stating he was "let-go" with my signature. The judge can't tell me I can't fire my so-called attorney.

[good dad]

"A way to control how your attorney handles your case is to decide, yourself, how you want it handled. Then sit down and write your attorney a comprehensive letter detailing exactly what you want to have done with your case.

A keyword to remember is proactive. YOU take the lead. Rather than REacting to what others are doing to you, start thinking ahead to what your next move should be. Keep your attorney informed with a series of letters.

Remind this person, your attorney, that you are the client and you need and demand request the attention your case deserves. If your attorney doesn’t do the things you request, that person is setting himself/herself up for a legal malpractice lawsuit. But if you don’t set forth your requests in writing, there’s no proof you asked for anything in particular to be done."

http://fightcps.com/2007/08/20/make-you ... k-for-you/

Your not going to be able to transfer a cps case to a federal court, I think you misunderstood the message on the home page

[Eljay]

Well, you can *sue* them in federal court, but you can't "transfer" your case to federal court. http://fightcps.com/2010/12/03/how-to-s ... ral-court/

For the same reason you can't transfer your speeding ticket to probate court... they have jurisdiction over certain areas of law and you can't move things around. Even if the officer who gave you the speeding ticket called you all sorts of racial slurs and beat the livin' crap out of you, you'd have to (1) fight your speeding ticket in traffic court and (2) file a civil rights claim in federal court. Now, appealing and going upwards towards supreme court... still the same thing. You have to file with the appellate court first, have it heard there, then move on to the supreme court. There is a chain of command as well as clearly defined sandboxes in which they can play. Sometimes the jurisdictions are so small that there are very few judges so they wear many hats, but it will still be either local or federal, never combined.

Maybe this is what you were thinking of:
http://fightcps.com/2010/12/03/how-to-s ... ral-court/

[hurtbutnothelpless]

I am not at the appeals level.. my rights are being terminated. The judge refuses to let me fire my court appointed attorney because he was picked as my court appointed attorney so that he could pump me for information to use against me in court. He refuses to let me see the "new" documents he obtained through filing a discovery and only tells me that he has a whole box of new evidence against me, but refuses to let me see them. And, now he is sending me spiteful emails about my case. And, I don't have the time to drag this to the Bar Association, in the past they have nothing to help me with these useless attorneys. I am not allowed to file any motions while he is my attorney, I can't even file a Declaration of Truth as long as he is my attorney, the clerks won't let me.. they said that my attorney has to file it and he won't. So what can I DO???

[Eljay]

Where are you geographically (county, state)? I don't know about all locations, but in LA County, the court-appointed attys have a website with all of the lawyers, their head partners... http://www.ladlinc.org/ So, in that situation, you've got a large firm and people have bosses who you can call. If you're in Podunk, you may not have the same options, but look around. Also, not saying that you don't already do this, but be sure you're approaching them calmly and professionally. Find the law/motion you want to use on your states/courts website, print it out, take it to them and say, "I believe it is my right to have this motion filed on my behalf. I understand that you don't believe it to be in my best interest, but I believe it to be in my child's best interest. Please file it by the end of the week and send confirmation." If they absolutely won't, then you can go through the motions of filing a motion to be your own lawyer (pro se) and putting yourself in a really tough position... a law degree is a Doctorate degree and navigating the courts is not easy. For the same reason you can't/shouldn't practice medicine without a license, you probably don't want to practice law without a license. Keep in mind, that if you go without a lawyer, you're very likely going to piss off everyone in the courtroom. Every lawyer and judge in there (including your child(ren)'s attorney) went to law school and paid their dues to be where they are. Having you come in there and thinking you can do what they do without a law degree is probably not going to work well for you. Not to discourage you, but so far, things have not been going in your favor and this could just put you under. Would your efforts be better spent trying to get your lawyer to work with you, not against you? Go over his head, charm him, show up at his office every day with a big grin saying, "let's explore our options for getting my child back."

You know the situation better than any of us.... just want to make sure you're thinking about all of the different ways you can approach this and what the consequences may be.

[Daruma]

Hurtbutnothelpless, have you been to AFRA's Facebook page? It's another site where you can get input from people who've been there, done that. Sometimes they may know things we don't, or vice versa.

https://www.facebook.com/groups/familyrights/

[monkette31]

I'm hoping there is a way you can officially complain about your lawyer. Removing the lawyer is called a Marsden hearing....well I went looking for the equivalent "marsden hearing" in Kentucky....I know there is a way to fire your lawyer, they are just being a$$h**es.

http://protectingourchildrenfrombeingso ... nder-fire/

I ran into this, maybe you saw it already on Youtube, kentucky cps under investigation as of May 2011. You may want to get in touch with some of the commenters....i can help you if you're having trouble. I think you do want to make a complaint to the state bar of kentucky because I think it will document your "incompetent lawyer" issues, (had the same myself) and at least make that ready for appeal. I sent a complaint via their own courthouse complaint form and got results though they didn't tell me anything while it was happening, just showed up to court to find a different law firm, saying how it was because I was "complaining" to the court....

If you can document what your lawyer did or did not do, you may be able to use this in your appeal as well as any other issues....

[hurtbutnothelpless]

I have tried "everything", and by that I mean everything. I have spent over two years on the phone with everyone- no one cares. Calls are not returned, and the children just keep being taken regardless. My daughter was taken because I developed germphobia- which is no longer my diagnosis. But, although I have done everything they've asked thus far my daughter is still gone. And, now my rights are being terminated.

[mrailslider]

I think you're barking up the wrong tree. You can't "transfer" a case to the federal level. You could hire a lawyer to file a lawsuit in federal court if your federal rights have been violated, but when you're talking about family courts, they have their jurisdiction that covers their designated area (usually a county).

You are definately right,states are immune and the CPS agents are the only ones you can filoe a suite against

[MaggieNYC]

In a dependency action, usually one appeals through the state court process. In most states, the State Supreme Court is the highest court but in some states (New York, for instance) it is not.

A Federal suit must be filed separately through the Federal Court in your jurisdiction.

[fatherofthree]

I am not at the appeals level.. my rights are being terminated. The judge refuses to let me fire my court appointed attorney because he was picked as my court appointed attorney so that he could pump me for information to use against me in court. He refuses to let me see the "new" documents he obtained through filing a discovery and only tells me that he has a whole box of new evidence against me, but refuses to let me see them. And, now he is sending me spiteful emails about my case. And, I don't have the time to drag this to the Bar Association, in the past they have nothing to help me with these useless attorneys. I am not allowed to file any motions while he is my attorney, I can't even file a Declaration of Truth as long as he is my attorney, the clerks won't let me.. they said that my attorney has to file it and he won't. So what can I DO???

You can always hire your own attorney vs. using one provided at tax payer expense.

[loki]

im in ky as well and whats they are doing too you is what they are doing to me as well.the clerk wont file a thing for me not even a petition for etended visitation.i have to be on supervised visitation for one dirty dish.an atty in ky told me we cant file a suit on cps itself but however we CAN file a civil suit on the worker personally.but finding one to file a suit is not easy.where can i find the cps ky on youtube?

[loki]

facebook isnt a good idea.they watch us on there.they got a printout on me and tried to cook my goose.

[Eljay]

facebook isnt a good idea.they watch us on there.they got a printout on me and tried to cook my goose.

Sometimes it's best to use an anonymous ID with no self-incriminating evidence.

[noroses4u2c]

im in ky as well and whats they are doing too you is what they are doing to me as well.the clerk wont file a thing for me not even a petition for etended visitation.i have to be on supervised visitation for one dirty dish.an atty in ky told me we cant file a suit on cps itself but however we CAN file a civil suit on the worker personally.but finding one to file a suit is not easy.where can i find the cps ky on youtube?

It must be KY MO, because my case is in KY as well. My court appointed attorney stipulated me to the charges when I wanted to go to trial and fight. That was the end of it for me. Now, everything is considered the truth. They still keep saying I "admitted" to things, heinous things, and it's in the court record. I was not allowed to file an objections or anything like that. I have had no rights whatsoever.

I was unpacking after moving when the workers pushed their way into my home. I was labeled as a hoarder. I obeyed the case plan perfectly, except for admitting to the false allegations against me, and now I'm not even allowed to visit my child anymore. The judge said doing the case plan wasn't good enough and the worker said I hadn't learned my lesson.

My home has been cleaned up since a few days after she was taken, and I was never given a chance to get her back. They just make up new allegations against me.

KY rarely ever gives a child back to the parents. I have known many parents that had their children taken, jumped through the hoops, and never got them back. I have never known a single parent to get her children back. Not a single one I have ever known or heard of personally since I moved to KY back in 1999 has got her kids back.