heart broken dad , whos watched many abusesfrom Mother & now

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Eljay
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby Eljay » Thu Aug 09, 2012 3:41 pm

Here's the million dollar plan....

Keep the 10-day issue/request for postponement as your final "ace in the hole" card to play. Let your lawyer do all that she has planned, questioning you and all. If it looks as if things are going poorly, THEN have your lawyer ask for a postponement on the technicality. At that point, you will have more time to address the issues. Be prepared though.... your lawyer may say that is a bad idea.... it sort of IS a bad idea. Obviously, you know right NOW that the report was not filed in time, and if you were to act "in good faith" you would be asking for a postponement right away (like, as soon as the hearing starts). So, to let it go on, and THEN ask for a postponement, is not the most respectable way for your lawyer to ask for the postponement. HOWEVER.... she could use the rationalization that since they delivered it to you SOOOOOOOO VERY LATE ----- that you didn't even have 24 hours to look it over, discuss it, prepare rebuttals, etc. that you were fully expecting to ask for a postponement IF IT WAS NECESSARY... as in, if they were moving towards screwing you over. At the point in the hearing where you realize you're losing, THEN your lawyer can ask for a postponement to better prepare against the all the new evidence that they threw at you.

Anyhow... discuss it with your lawyer. If she refuses and you find that they are ruling against you, then since you've basically got nothing left to lose, stand and POLITELY ask the judge for the postponement because your lawyer refuses to do it for you, and, dear judge, could you please see that I am assigned me a NEW, EXPERIENCED lawyer?
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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hearthurts
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby hearthurts » Thu Aug 09, 2012 7:20 pm

Yes , awsome .. So I talk to the new atty in the morning before the court and let her know that , I know the law about the 10 day Docs , correct . Then discuss with her , if she will stop the situation if I call her over and ask her to state to the Judge ( postponement ) correct . If before court she says no! she won't do that . Go with her program , om the stand , until I feel its time to pull the plug ... this is correct ,, right .....Eljay

Its a great plan !! I've got nothing else ,,, I didn't even have a chance this morning after all thje questions / answers game , to ask her what shes pushing for / what my stress up there is going to get me , but she did inform me that they were bringing in the ( Angermanagment owner , that was y instructor ) to tell the courts a ( story / Lie ) that I told him that I got nothing from his Anger managment program and I also told him that becaue of the medication I take . I learned nothing and therefore failed the Anger Managment course . They are dirtyyyy / Liers !!!! Why would I do something like that ?? : ) two months into all the sign ups and programs ,.I never even known anyone that has gone thru this stuff , to have an attitude against it , I was trying to do my best . I believe she said also the 24 yr old young lady that runs the Parenting Program ( which I have completed certificates for both , w/ perfect attendence ) . She either said in a report or is going to testify , that I was commenting falsly about the Parenting Program , and some other stuff , I know nothing about ,, Its all bad ,, I did no such things !!! There pulling out all there guns is what there doing .

Well..if you get time could you just chime in on my re- rendition of your plan ,,lol thanks Eljay ... tomorrow is going to be very interesting ,, oh boy ,,lol,,, I have to do it ! thanks again ,, I'll check back in the morning before I leave ... thanks for all your brain power ! take care , talk to you later ,,Kevin

hearthurts
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby hearthurts » Thu Aug 09, 2012 7:24 pm

hearthurts wrote:Yes , awsome .. So I talk to the new atty in the morning before the court and let her know that , I know the law about the 10 day Docs , correct . Then discuss with her , if she will stop the situation if I call her over and ask her to state to the Judge ( postponement ) correct . If before court she says no! she won't do that . Go with her program , on the stand , until I feel its time to pull the plug ... this is correct ,, right .....Eljay

Its a great plan !! I've got nothing else ,,, I didn't even have a chance this morning after all the questions / answers game , to ask her what shes pushing for / what my stress up there is going to get me , but she did inform me that they were bringing in the ( Anger managment owner , that was my instructor ) to tell the courts a ( story / Lie ) that I told him that I got nothing from his Anger managment program and I also told him that because of the medication I take ,,,I learned nothing and therefore (failed the Anger Managment course) !!! . They are dirtyyyy / Liers !!!! Why would I do something like that ?? : ) two months into all the sign ups and programs ,.I never even knew anyone that has gone thru this stuff , to have an attitude against it , I was trying to do my best . I believe she said also the 24 yr old young lady that runs the Parenting Program ( which I have completed certificates for both , w/ perfect attendence ) . She either said in a report or is going to testify , that I was commenting falsly about the Parenting Program , and some other stuff , I know nothing about ,, Its all bad ,, I did no such things !!! There pulling out all there guns is what there doing .

Well..if you get time could you just chime in on my re- rendition of your plan ,,lol thanks Eljay ... tomorrow is going to be very interesting ,, oh boy ,,lol,,, I have to do it ! thanks again ,, I'll check back in the morning before I leave ... thanks for all your brain power ! take care , talk to you later ,,Kevin



That sounds like the plan correct ... thanks again !!!

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Eljay
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby Eljay » Thu Aug 09, 2012 9:36 pm

You're asking me to approve my own advice? ... okay, it's a GREAT plan!!!!! LOL

You're up against some rotten people at CPS. I pray that the judge looks towards the future for what this will do to your boys. Hoping for the best for you and the boys!!!!! :)
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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hearthurts
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby hearthurts » Fri Aug 10, 2012 6:42 am

Eljay wrote:You're asking me to approve my own advice? ... okay, it's a GREAT plan!!!!! LOL

You're up against some rotten people at CPS. I pray that the judge looks towards the future for what this will do to your boys. Hoping for the best for you and the boys!!!!! :)




Thank you very much , Eljay for your Prayers we need them !

Also thanks for approving your game plan . :) I was just sooo tired yesterday I was having a hard time .

I did read in the Law 364.04 - continuance not exceed 10 days ..

Yes I agree with you about the Evilness of CPS. How the heck do they ge away with this stuff , I know its another story ,but wow is all I have to say . They point a finger at me on parenting issues and mental isues , that arten't thee , Medication issies for pain

Yeah right , they act like there mentally ill in the worsed way . Its horrible and I know you know that ! Its unbelievable what these people can cook up ... unbelievable . Its like a nightmare !!!!

Have a great day , Eljay ! I will one way or another , I just don;t want to get thrown into jail , for my own rights as a United States Citizen ! You just never know what there going to do next . Controllers , just like the Mother ! Its rediculous ...

Anyway , have a great day ! :)

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Eljay
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby Eljay » Fri Aug 10, 2012 9:38 pm

Soooooooooooooooo..... how did it go?????
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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hearthurts
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby hearthurts » Sat Aug 11, 2012 2:39 pm

Eljay wrote:Soooooooooooooooo..... how did it go?????



Well ,I walked in ready to put it all to work . appionted Atty standing thru the wooden doors w/ the rest lined up infront of the judge . whispered to her , could I ask a question . stated that I heard something about if the reports weren't to me at a certain length of time , I was able to do a postponement , I then asked her if things get where there screwing me around would shje pull me off the stand , please . She went on to say theres nothing like that (Law) I didn't tell her the Cailf, code ( Law) I wan't to act dumb about it in a sense to see if she would help me , I didn't want to stop her from putting me on the stand . well , she turned to the Judge and almost acted like she was going to mntion the situaion , so I said to her just go ahead with whats going on I'm fine with it . Well 5 minutes later the judge annouced that , theres going to have to be continuance because theres a emegency family matter w/ the kids atty ??? I'm thinking maybe all that evidence and the contradictions , I laid on the court appionted atty , hit the Judge finally . So they ( Judge ) stated continuance . I'm not sure if it was over the kids' atty having family problems , he was sitting right there . So the first time she said it , I was still kind of talking to my appiont. Atty, I didn't quite hear the reason , I heard emergency though . so I waited until everything was talked hru by all of them for Sept 14th to return to court .
I then asked the Judge if I could ask a question . I then asked her if the Emergency was concerning either of my boys ? She stated no , no , its the kids attys family thing . So I politely said thank you to the Judge ! then my ( Lady ) appiont . Atty spoke up and said to the Judge , Mr. ************ was going to ask for a postponement in the first place . He wanted to get his case into you in writting to the court !
I don't know it seemed like they all knew what was going on all thru the situation , theres a little room in the 1st floor where you wait and when you get called up you usually have to wait (in 2 1/2 yrs) I've never came out of the elevator and the bailiff was waiting doors to the court open , looking at ,me calling me in . Wow ..

So , as I took her card ( appoint atty ), my next court date on it . she ( appiont. atty ) leaned over and said , get those papers to me ASAP so I can get them straightened out . I said absolutely ,, I've been working on them . Thats why I haven't chimed in .. I want these on her desk Monday morning . Plus I want to get / make many copies and file a copy in the county courts clerks to cover my back , but this Lady , appiont'd atty seems to be w/ me 100% .

If she wouldn't have pulled me off that stand in the middle of them starting to screw me around , I was prepared to put the (plan B ) into action .

Thanks for the Prayers ! I Pray all the time , I'm sure many do for my sons and myself . I just wanted to say thanks , God is in control , thats for sure !

So I would say one of the best days at court in over 2 yrs .

So I'm on the Obej. and Correct. S.W. / picking apart these screw'd up reports .. I'm soooo happy I have the chance to do this . I thank you once again , for your priceless helps !

On the DoF , I do have a question for you Eljay .. I will have to ask you when I get there , I'm so into this I can't think of what it was . but I know it was about the legal representation I had prior to this ( the shotty ) . I'm not sure the context I needed to ask you in , and the answers I was looking for I will ask you , though when I'm there ..thanks again !!!!!!!!!

This is a partial success story as I see it , compared to the crap I've been living w/ these people ! so I feel like I'm climbing the hill diligently ...


Thank you , thank you , thank you , thank you !!!! I think now after these forms get filed using the new appoint'd atty , I'll be able to file/APPEAL this matter to the higher courts . Correct

thanks Eljay .. Kevin . :)

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monkette31
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby monkette31 » Sat Aug 11, 2012 2:53 pm

...if you can get your documents "ON THE RECORD", you're good to go....and I like your idea of filing them yourself as backup.

Man, you really did good...sorry I keep butting in, but you did a great job. I'm really good at Word, I can make their court form cover page to look pretty good like theirs if you need it still.

And if you don't get your story, your words on the record, then you can't use any of it for appeal. I do not trust these lawyers, just please get it filed yourself, I'm afraid they are wasting another month, she's smiling at you in the face now, but I think her goal is to NOT get your evidence on the record.
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.

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Eljay
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby Eljay » Sat Aug 11, 2012 3:07 pm

Okay, good... you have a reprieve! So, get those documents to your lawyer and SET UP AN APPOINTMENT WITH HER TO REVIEW THEM!!!! She will, I hope, have some good advice for how to phrase things to your best advantage. Remember that you are making the case that you never abused nor neglected your children and they have no legal cause for terminating your rights.
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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hearthurts
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby hearthurts » Sun Aug 12, 2012 3:38 pm

Eljay wrote:Okay, good... you have a reprieve! So, get those documents to your lawyer and SET UP AN APPOINTMENT WITH HER TO REVIEW THEM!!!! She will, I hope, have some good advice for how to phrase things to your best advantage. Remember that you are making the case that you never abused nor neglected your children and they have no legal cause for terminating your rights.




Ok, thanks Eljay , I will get it done ... Oh this Ojbect and correct is grouling ..uhhggg anyway , its all for a great cause !


So I know what I was wondering , on the DoF, I have it written/typed up . . So I was wondering should I put in the DoF , the situation w/ the Shotty Lagal rep for the 1st 22-24 months ? If so would I list that as the 1st part of the DoF... Or should I put it at the end , after my write up , on my parenting , ect the Boys need there father , ect . .

thanks again , I know I had something else to put out there too ...well thanks Eljay , got to get back to the grind stone ... oh boy ..lol..

hearthurts
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby hearthurts » Sun Aug 12, 2012 3:47 pm

monkette31 wrote:...if you can get your documents "ON THE RECORD", you're good to go....and I like your idea of filing them yourself as backup.

Man, you really did good...sorry I keep butting in, but you did a great job. I'm really good at Word, I can make their court form cover page to look pretty good like theirs if you need it still.

And if you don't get your story, your words on the record, then you can't use any of it for appeal. I do not trust these lawyers, just please get it filed yourself, I'm afraid they are wasting another month, she's smiling at you in the face now, but I think her goal is to NOT get your evidence on the record.



Thanks .. monkette31 for your complements , I couldn't havedone it w/ out the knowledge and suport of people around here ! Namely Eljay . but thers been others as yourself that have been a help also , thank you ery much ! Thank you for your offer to format the paperwork , I will get back to you om this .

I'm hoping this court appiont'd atty , will come thru for me . I will though back myself up , as I learned from you , to get copys ( many ) and file w/ the clerks myself . This wil get done ..Thanks again , for your info / help !

I'll get bak to yo , let you kknow if I need any elp , see what you can do for me .

So I'm back to the grouling picking apart these reports w/ out throwing the Mother under the bus ,,, the funny thing is they talk about the Mother says this , the Mother says that , about the FATHER / me LOL ! .. I never realized that , until I got into these . This stuff discusted me so much to read , I'd just throw it in a box , my old/ 1st court appoint'd atty , was not helping me at all , so I was just fed up with it all .

Now I have things in a different playing court , hopeflly ,, lol.. but really , I can breathe again, you know .

so got to get busy ,,, thaks for the offer and for your info ! Kevin,,, Oh and complements as I saidbefore ,, thats cool . It feels like I'm doing something right . Finally ! swoooh ... thanks Kevin

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Eljay
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby Eljay » Sun Aug 12, 2012 7:46 pm

It doesn't matter what order you put your DoF in, as long as you group things together (to help readers mentally group what you're covering).
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 ----<>----<>----<>----

hearthurts
Posts: 73
Joined: Wed Jun 06, 2012 12:10 pm

Re: heart broken dad , whos watched many abusesfrom Mother &

Postby hearthurts » Sun Aug 12, 2012 11:42 pm

Eljay wrote:It doesn't matter what order you put your DoF in, as long as you group things together (to help readers mentally group what you're covering).



Thanks ,,, so I should state the shotty legal representation I went thru for 22-24 months ,, after I speak of my parenting skills and all the good stuff ,,, I just have to switch the opening statement around ,, The other day I put the shotty legal help up front , but I think I'd better just leave it at the end of the Dof and concentrate the Judges mind on my Parenting ect.



After that Judge is done reading this Object and correct. SW her heads going to be spinning . I'm still not thru w/ just writting it out , I've been pulling 12 hrs a day on this or more , I've got 1 1/2 more reports left , to pick apart ... Then type up .. Then hopefully the court Appoint'd atty can , break it down a bit more for me word wise and format it out . She said she would , I told her what I wanted .

Thats what I was going to ask you Eljay , I do start my Obj. and correct S.W. out at the very 1st reports to the current ones , right .

Not current to past reports . .. Ok just making sure ,, trying to do most the work for the court appt. atty .. So she won;t get to stressed . welp.. goodnight all .. :)

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Eljay
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby Eljay » Mon Aug 13, 2012 7:07 am

hearthurts wrote:
Thats what I was going to ask you Eljay , I do start my Obj. and correct S.W. out at the very 1st reports to the current ones , right .


There's no rule here, but what you really need to stick to is what may have had a significant impact on the judge when making these decisions all along. If she said that she didn't like the clothes you dressed the kids in 18 months ago, forget about it. If she said you claimed that you would shoot the kids up with heroin 18 months ago, the absolutely address it. Stick to the 5-10 most significant lies that make you look like an abusive parent.

Make sure you document your history of attempting to get help to stop mother's abusive ways, always to no avail, and yet at this point it is YOU who is losing your parental rights.
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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hearthurts
Posts: 73
Joined: Wed Jun 06, 2012 12:10 pm

Re: heart broken dad , whos watched many abusesfrom Mother &

Postby hearthurts » Mon Aug 13, 2012 4:19 pm

Eljay wrote:
hearthurts wrote:
Thats what I was going to ask you Eljay , I do start my Obj. and correct S.W. out at the very 1st reports to the current ones , right .


There's no rule here, but what you really need to stick to is what may have had a significant impact on the judge when making these decisions all along. If she said that she didn't like the clothes you dressed the kids in 18 months ago, forget about it. If she said you claimed that you would shoot the kids up with heroin 18 months ago, the absolutely address it. Stick to the 5-10 most significant lies that make you look like an abusive parent.

Make sure you document your history of attempting to get help to stop mother's abusive ways, always to no avail, and yet at this point it is YOU who is losing your parental rights.



Eljay I've been keeping myself from mentioning the ex , abuses , on the children because the new Atty , told be to , stay away from mentioning the Mother !

I will try to sneak in & have already a few shots at her , but I'm afraid to point it out straight away ..

Now your saying I should look for an oppertunity in the cps reports that , give me the opening to state the abuse against ny children from her ?

Or should I just come right out at any chance and list the past abuse & it continues ect . State the issues currently .

Or should I hit on past abuses, or stick to the current situations / abuses ,


I'm combating this like One of CPS' many rediculous lies , fabercatedall the way ! ( S.w. saying I told them that I pulled up at moms house , seeing her having sex w/ te PG&E man , infront of my 20- boys while on an in home trial visit ., but the in home trial visits had not started yet ????) CPS statement ! Tring to discredit me in many ways ,, this is just one ..First of all is all confidintal where she lives 2) I don;t care about this woman to the least , except for any immoral acts around them , or abuse the children have to incounter because of being placed w/ the Mother .
( this is the touchy part ( w/ the Mother ) I didn't quite metion her out right in my REPLY: to there lies ,,, 3) I had never ever had such conversations in any way to that fact or any other , that the cps is stating ,


CPS is trying to use a big part of it , towards having to tell me many times not to ask about mothers where abouts / asking / telling the boys the Mothers sleeping with different men .. just all out fabercated lies on CPS' part . I have been writting , true Replies to there False statements for 3 days now ,,, so ,

Where would you suggest me , slipping in that the Mothers abuse to the boys ? To what extent ? Do I use the ojbect & correct. S.W. to shine on this ? Or do I use the DoF .

I now recall a situation in Nov / thankgiving 2010 we met w/ the children got a room, for turkey day ! , She got pissed at 3am , loaded her trunk drunk , drove off w/ my 2 yr old in the car , I called the front desk infront of her , The Manager , it was pouring buckets of rain outside! After calling the police on her ,Manager / 50yrs old + ran out in the parking lot trying to get her to stop . She clipped his body pushing him out of the way ,drove off , drunk ,, Police came took statement .next morning she showed up as I was packing my suv w/ my oldest , before I could leave 9am motel 6 .Said she wwent one exit up slept at rest stop ..... We ended up at Wendys , she relized her laptop was gone ( because I took it from the pile outside the motel door ) thinking she would come back in . In a attemp to talk her from leaving drunk/ buzzed on 9 beers , w/ my son . but she noticed it the next day , before I could tell her I had it , she raced over to motel 6 went into the managers sreaming , parked a block across the street , it was over 100 degrees out , I looked in her car windows rolled up , low & behold my 2 yr old was n the car seat w/ unlocked doors .

Police pulled up , I screw'd up they were going to test her , drugs too ,, I told them it was 12am , we had 9 beers its 3pm shes going to test clean .. she might have been on drugs for all I know , I screw'd up .. Well I asked the head police officer to please document the fact she left my 2 yr old in the car / on locked doors , was no where in sight , I had just pulled up , after she sped off from a wendy's .. He finaly agreed he would put it in the report . Now if he did ? I have to go about 2 hrs away and try to get the police report from a different county .. To see what is in it . At that point I was so afraid to tell her I took the laptop in an attempt to get her to stay at the room & sleep .. So I ened up mailing it back to her days later , 300 miles from me , for her schooling .

So since theres nothing from the CPS workers reports on such things & theres a few doozy's like that ...

Where should I address such things ? In the DoF ?.. Is that not throwing the mother under the bus ?..I used that term w/ the new atty , she said to just stay away from talking directly about the Mother !!!!


So what do you think ???? I almost have everything written out . False statements to the cps / S.w. 12 reports , then I was going to type it out , in my format . Hearing Date , top of page , reports page #' Line # , what was said . under it ,, Reply : then the truth .


The leave it up o the court appoint'd Atty to format it ,. break it down .. go in 7 check the work .. get some copies & file them myself also to the Clerks office ..

Please if you have anything to add , as usual I am open to it all ! Thanks Eljay ..

I'm tring my hardest to get this done , the best it can ,, so , please let me know your opinions ...thanks Kevin...

I'll continue w/ what I'm doing ,,, if it needs to be changed around ,, It will be an easy job ?..thanks

hearthurts
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby hearthurts » Mon Aug 13, 2012 5:30 pm

So Eljay :

On the DoF..I need to totally re-right this !! I believe from what your saying ...?..

yourkind of saying , maybe it should go n this order ???

1) Abuses of the Mother , not just trivial stuf , but substantial things . correct ,.,.


2) My shotty represemtation of the court appointed attorney .. along w/ shotty appiont. council ...list on DoF,,, about the abuse / ect .. of the S.W. ,,,, superviser , things I was told not to do , in visits , that led to them saying I can't parent ? like telling me not to give time outs to my boys ,
( this is a place to just have fun with them ) .. what kind of crap is that .. then saoid when I was exercising my parenting skills taught in there program , they say I made light of ,
( that I was micro - managing ) I found out theres no such thing , the supervisor @ family cemnter made this up !

Also I told the mai supervisor , when transfered to the higher up Sw's facility in a meeting w/ new Sw van nest & her supervisor over my sons , that I was told to not use time outs on my children , just to have fun w/ them..lol.. This is the kind of stuff I need to list in DoF correct .

ALSO , THE fact that the cps worker sat on my childs legs , lifting her feet off ground and I brought this up between her & I & another sw. . when I did it wa said by the Sw that did the deed to the other , you know the technique we use as to angle yourself over the child , putting her weight on the backing onf the chair , taking the pressure off my sons legs

totally false , my son is so tall his head neck is at the backimng of the chair ,, she had her entier weight on his legs as he beat on her back in servere pain ,, for 5-10 minutes , it traumatized me , I asked are you hurting my son ,, ( smiling wide , she shook her head no ,,) bs..





3) lastly , list my parenting stuff , ( Children need there father ) I'm the one that did everything , even to go to the courts to stop abuse ,, ect . The one whos ner abused or neglcted there children is being punished , cut from custody rights ect ,.. Mother that did these things is , geting more custody ( unreasonable ) .. This would e the kind of stuf to list here , correct ...



list , my parenting abilities ,, correct .ect ..

as to say , also : the boys need there father in there lives , ect , everything I cvan pull together that makes me a good parent ... correct .

Boy I'm busting hump on this stuff ,,, but I will get it & will never give up (period ) !!!!!

inspired by the direction I have een given by you Ejay !!! Also continued direcion ..... I do thank Monkey , fella that has been chiming in also , but you know Eljay we've been at this many moons ... your hewlp is undiscribable ! I guaretee , I coouldn't have gotten this far w/ out you ! thanks so much ... I know I've said it before ,,,but I mean it soooo much !!! !!

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Eljay
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby Eljay » Mon Aug 13, 2012 5:35 pm

Let your lawyer rearrange and/or prioritize it. It will be easy if you give it to her on a disk/thumb drive/e-mail. Just do your best to have full, complete, punctuated sentences to let her focus her time on arranging, not cleaning up little things.

Good luck! Keep fighting!
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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hearthurts
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Joined: Wed Jun 06, 2012 12:10 pm

Re: heart broken dad , whos watched many abusesfrom Mother &

Postby hearthurts » Mon Aug 13, 2012 7:26 pm

Eljay wrote:Let your lawyer rearrange and/or prioritize it. It will be easy if you give it to her on a disk/thumb drive/e-mail. Just do your best to have full, complete, punctuated sentences to let her focus her time on arranging, not cleaning up little things.

Good luck! Keep fighting!




Ok, Eljay .. so I've moved on to restructuring the DoF ,,, do you think my example of the structuring of the DoF is good ?..

Or , should I have the subjects in different order ?

The Dof , is my spot to not stay away from the Mothers wrongs , am I correct ?

Thru the whole structure of the Ojbect & correct S.W. I stay'd completely away from the mothers issues ... I just stated the facts ! There lies & my Truths !

So any advice to anything ,, before I start in ,,, listing stuff to the DoF..

I had one all written out ,,, but I will adddress my Fatherly capabilities , in the end statments ,,, as aposed to the whole DoF being comprised of just those facts .

I really want to get the fact / abuses , ect to light in the Dof ,, if that my place where to do so ?

Ok,, I'm going to do a DoF the best I can .,. any more info on the structure ,,, would be great ..

The new attorney's so logged down w/ cases as I could tekl , I'm afraid its going to come to a ( not enough attention to detail ) if I don;t already have it down for her to work with .

but if I'm not supposed to point out the wrongs of the mother to my kids well beimng , then I don;t want to act the A@@ & go down that road either ..

I will try my best ,,, if you could shed more light on this stuff , that would be great ,,,its all coming an end & I'll be the one who finishes everything up w/ the officials as best I can ...

At least they've now got a leit, battle on there hands , I'm so sick of getting stepped on in this matter & keeping my mouth shut , for my childrens sakes ! Its pathetic,, I want to speak out & get this stuff , straightened out .. I've been at this in one way or another since 2006 ..when she 1st gave my 1st lil babby swags / mouth fulls of beer ,, I didn't touch a beer in a yr ! I 've got to admit I ordered her not to also ,. but what she did when I wasn't around ,, I'm sure wasn't my wishes !

I'm just saying , I've got to get it right this time . I've always tried to be the responsible adult . but I just didn't have the experience / rotteness to play the dirty pool back ... so I got caught up in this situation ...

At least I feel I've got a foot to stand on !

I will continue to fight w/ everything I have ..

One day maybe
I can return to this sight & post the wonderful outcome , that things got done right & not croocked & my sons won;t be in the system there whole lives , but responsible , prductive adults in society !

I know that this woman will in the futhure call the police on these boys after abusing them , hitting them ewhen they get older , just like she has done me . she wll pour on those fake tears & the next thing you know my sons will be caught up in the Juvenille system , until adult hood , who knows what that will turn out to be .

In my care they will be kind , well grounded , boys , going out into the world w/ a chance . not thru cop calling , finger pointing , made up stories ,. this is what I'm trying to do for my sons . this isn't just a struggle between two parents , this is a outcome of two lives of these boys that are some of the sweetest little boys , but there boys . They are awnery , but they , if treated right will always dothe right thing .. there not gettimg any structure / guidence living in the others custody , I know this for a 100 % fact ,, 5 & almost 7 yrs old , 8 am visit I asked them 2 weeks ago at a visit , did you brush your teeth ,, no Mom just does it ,, come on ??.I had my oldrest in my costody , I' say its bed time ,, he;d go to the bathroom & do what I taught him to brush his teeth ,, I'd creep up & watch ,,he was doing it correctly ! up & down , not side to side on the gums ,.. it wears the gums down to brush that way .

anyway I think you get the picture by now Eljay .,.I'm just trying to do the best for my sons period !


so I'm moving on 3 dats later to re doing the Dof ,, If you have anything to ad to the way I'm trying to do it ,, I'm hoping you will chime in.. thanks .. I'd hate to do a bunch of facts against the Mother & this lady / atty just x it out & do something different ,.. In your opinion , is this the place that I can bring up the total facts against the bad things done ? I'm not trying to pick apart , petty crap .. I'm going to list important facts that shows , incompantant parenting , abuse , neglect , ect ,, this new atty don;t have loads of time , it took me 3 months to see her once , once my fualt , as you know I didn;t get to , well twice because of the address thing ,, so .. I just want to do this right ,,

no matter what there will be a success story here & posted !!!!!!! I will not stop .


thanks Eljay ..

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Eljay
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby Eljay » Mon Aug 13, 2012 9:17 pm

hearthurts wrote: Or , should I have the subjects in different order ?


You have the HUGE benefit of a court-appointed (FREE) attorney who has stated that she is will to provide you with assistance in completing your written documents... USE HER!!!!!!!!!!!!! I can only tell you to get the truth on paper to the judge, your lawyer is going to be the one to tell you specifically how to write up the truth.

The Dof , is my spot to not stay away from the Mothers wrongs , am I correct ?


When you discuss all of the horrible abuses that you witnessed the mother doing, the reader will get to a point where he/she thinks, "why the hell did he let her continue to do these horrible things to these kids? Why didn't he flee? Why didn't he have her arrested? Why didn't he call CPS?" It's one of those cases where the worse you try to make her look, the worse YOU are going to look. Yes, there are some things you can state about the mother's actions, but be careful.


I really want to get the fact / abuses , ect to light in the Dof ,, if that my place where to do so ?


The Objections and Corrections to the Report of the Social Worker is only about refuting what is said in those reports. The rest goes in the Declaration of Facts.

One day maybe
I can return to this sight & post the wonderful outcome , that things got done right & not croocked & my sons won;t be in the system there whole lives , but responsible , prductive adults in society !


I'm looking forward to it. :)
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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hearthurts
Posts: 73
Joined: Wed Jun 06, 2012 12:10 pm

Re: heart broken dad , whos watched many abusesfrom Mother &

Postby hearthurts » Tue Aug 14, 2012 1:29 pm

Quote ))When you discuss all of the horrible abuses that you witnessed the mother doing, the reader will get to a point where he/she thinks, "why the hell did he let her continue to do these horrible things to these kids? Why didn't he flee? Why didn't he have her arrested? Why didn't he call CPS?" It's one of those cases where the worse you try to make her look, the worse YOU are going to look. Yes, there are some things you can state about the mother's actions, but be careful. Quote ))


Ok, on the past horrible issues , I understand and now remember you saying this months back . Even tough I did have her leave the home w/ my 1st born for staring up on me again . By the time he was 7-8 months he had gouge marks in his arms ( because he grabbed candy canes out of a huge box of them her rich Mother sent her ) So she elp my lil son up to a sink washing the sticky off , w/ her finder nals dug into his arms ,, I trie to take pix of his arms , even going to stay a night at her houe , I pulled him out of the crib waking him after she was a sleep & couldn't get the 1.3 pixel cam to get the shot , I didn't want to wake her , I just gave up , put him back to bed . I was horrible , My Mother pulled his sleeves up night before & said (her nane ) what have you done . (silence from her mouht ) after calling me crying telling all about her rage . wow

I did call CPS on her actions , giving beer to my 11 month old 1st son , it was always , from what I cold tell against my 1t son , but I started noticing a lot of yelling towards my 2nd son ( he was 2 yr old got kicked out of daycare ) CPS has it down, that he acted perfect in the Mpthers care , until she cae to my house for re-unification , lol no re-unification was aking plae , it was to get my boy out of the streets at 2 yrs old ..So as I write this stuff to you , I come back here as I'm doing papers DoF ect , & feed off these (true) ! statements. so my venting pays off I guess ..

Oh I tred to hae her arrested , they ( police ) wouldn't touch it , ( cps ) lady in 07' told me shes never seen a case like this in 25 yrs of being a cps worker . somethings up .

so I understand copletely what your saying Eljay ..

I will list on the DoF,, things that she has done while in the Cps program , to the boys .. Plus the stuff she did on the Cd-rom I was given while in angermanagment program & parenting classes . I will leave it at that , onlt the things that were domne while in the mist of the ( CPS) . That would be a safe bet to point those terrible things out ,,,, ?? correct ?

I'm starting on the DoF right now , re-vamping it ... thanks again ! any added info ,, reat ,, I know its getting redundant , I appreciate your patience , once again ,, I'm sure I said it before :) .. I'l get it !


I will return with great news ,, !

Mary Martin
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby Mary Martin » Mon Aug 27, 2012 10:00 pm

So, Eljay , hi again lol

My court appointed attorney , after agreeing to doing the Dof , & Object & Correct . filing for me , is now telling me that she/they /cps ? Doesn't do Ojbections in writting . lol. but we do them Verbally . Now what kind of crap is that , I just mailed off to her today , a list , how you told me to do it ,date , line , ect . today of 15 reports I picked thru & typed up , the best I could . she called me 2 days ago , telling me that they usually do it all Verbally , I tried to stress I wanted it submitted in writting , but I'm thinking shes not going to . I think she might do the DoF, in some form , she tells me to come in on the 10th Sept , 4 days before court ? Its not good .

So what I'm really getting from her is that shes just going to state in a report to the judge what she had planned to ask me on the stand and my answers . I started out the DoF , like the example page Linda has up here , like shedding a little light on the beginning of the confrontation when the meaness towards our sons happened , then to me , ect . So the court appointed atty told me thats juristicual . Its not going to fly , only currect stuff ... so whatever it is she will submit will probably look nothing like a DoF ?

That being said , now I've got all this stuff typed up DoF , Object and correct Sw. I can hopefully get this to the paper preparer , then to the county clerks , in the next few days .

How do I Appeal to the (State level) with this all filed ?..this lady , court appointed atty isn't going to do much for me , shes trying to almost start an arguement . about the Docs now . She says shes just going to get me my entitled visitation time ! Pretty much I believe she made that a point , to say thats what shes going to do for me period !

So I'm pretty confused , I don't know where I stand now ? What do you think I should do Eljay ? Thanks Kevin

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Eljay
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby Eljay » Tue Aug 28, 2012 10:41 am

Kevin, darling.... I don't know why you have a new screen name of "Mary Martin" but I'll play along. :D

Mary Martin wrote: My court appointed attorney , after agreeing to doing the Dof , & Object & Correct . filing for me , is now telling me that she/they /cps ? Doesn't do Ojbections in writting . lol. but we do them Verbally . Now what kind of crap is that


That type of crap falls into several categories:
1. Your court-appointed attorney (CAA) is not in the practice of actually FIGHTING for your rights (most say, "just do what CPS wants and you'll get your kids back")
2. Because your CAA doesn't fight, she doesn't know what in the heck she's doing... she doesn't know the forms or motions to put an end to the crap. She should be filing a motion to dismiss custody due to no jursidiction. She should be filing sworn affidavits from you, your doctor, etc. She should be telling YOU how she is going to fight this, but instead, you're trying to tell her and she's clueless.
3. Your CAA is lazy and doesn't want to do any work.
4. Your CAA has no incentive to fight for you (no more $$$ for her, in fact, it means more time she has to spend on your case)
5. Your CAA does NOT understand how far off-track your case has gone. I am oversimplifying, but this "hearing" is used for CPS to tell the judge one of two things:
A. Mom and/or dad are complying with the service plan and we are working towards reunification. OR
B. Mom and/or dad are NOT complying with the service plan and we plan on terminating parental rights.

THIS IS ***NOT*** THE TIME FOR YOUR LAWYER TO PUT YOU ON THE STAND AND HAVE YOU GIVE TESTIMONY!!!!!!!! There is a HUGE risk that the judge won't even *ALLOW* her to put you on the stand!!!!! You are *NOT* in the trial phase of your case. That ship sailed long, long ago. And *THAT* is the problem. You have been dragged through hearing after hearing after hearing and at every turn, your lawyer did NOT explain the process to you, did NOT explain your options, did NOT answer your questions. You were denied the chance to have a trial. You were denied a chance to speak the truth.

Your were denied ample time to review/rebut the social worker reports and were entitled to a delay... you got it in a round-about way anyhow, but CPS is VERY good at denying people's rights when people don't know their rights. So... you have to assert your rights to get your voice heard.

, I just mailed off to her today , a list , how you told me to do it ,date , line , ect . today of 15 reports I picked thru & typed up , the best I could . she called me 2 days ago , telling me that they usually do it all Verbally , I tried to stress I wanted it submitted in writting , but I'm thinking shes not going to . I think she might do the DoF, in some form , she tells me to come in on the 10th Sept , 4 days before court ? Its not good .


As her specifically if it is guaranteed that you will be able to say anything and everything you want, speak for as long as you want, at that hearing. And if she says yes, the say "GREAT! I want it submitted in writing *AND* I want to you question me on the stand about EVERYTHING, in case they don't read my forms."

So what I'm really getting from her is that shes just going to state in a report to the judge what she had planned to ask me on the stand and my answers . I started out the DoF , like the example page Linda has up here , like shedding a little light on the beginning of the confrontation when the meaness towards our sons happened , then to me , ect .


Back to throwing mom under the bus.... once again, what do you think it's going to accomplish?????? Even if you present all of that horrible stuff, CPS will smugly smile and say that mom has completed all of her classes and she's a perfect parent now. Will they say the same about you?

So the court appointed atty told me thats juristicual . Its not going to fly , only currect stuff ... so whatever it is she will submit will probably look nothing like a DoF ?


I have no idea what she is preparing and what it will look like. YOU need to make sure you SEE what she is going to submit on your behalf LONG before court so that you can approve and/or edit it.

How do I Appeal to the (State level) with this all filed ?..this lady , court appointed atty isn't going to do much for me , shes trying to almost start an arguement . about the Docs now . She says shes just going to get me my entitled visitation time ! Pretty much I believe she made that a point , to say thats what shes going to do for me period !


You have to appeal on a legal error/mistake. For example, "Father's parental rights were terminated because CPS caseworker Mary said that a psychological examination of father confirmed her analysis that he is a pedophile who wants to rape little boys. Father contends that a psychological exam was never performed, that Mary falsified evidence, and that Mary's testimony was entirely false. Father raised this issue to his lawyer and to the court, yet court failed to demand proof from CPS. Father pleads for appellate court to overturn ruling which terminated his parental rights based on DENIAL OF DUE PROCESS."

So I'm pretty confused , I don't know where I stand now ? What do you think I should do Eljay ? Thanks Kevin


Dude... confused is NOT going to get you anywhere. You can't go in there saying, "I don't know what my rights are but I think something is wrong and want you to fix it." You can't sit down at a card table where everyone is playing Texas Hold 'em and call out "go fish!" You've got to know the rules and know how to play your cards. I think I've spelled out your rights multiple times in great detail. Re-read this entire thread/topic if you have to.
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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Mary Martin
Posts: 70
Joined: Sat Aug 25, 2012 1:08 am

Re: heart broken dad , whos watched many abusesfrom Mother &

Postby Mary Martin » Tue Aug 28, 2012 2:42 pm

Thanks Eljay , more than helpful .

At this point do you suggest me filing the DoF and the Objections and corrections ?

I will re-vamp the DoF, taking out all the Mothers abuse , I will stick only to the S.W and Supervisors , I had told things to , that never get addressed . CPS' main things are , my Pareting skills due to being on pain medications . I think I will find a report that has that and the reason for the mental evail , CPS' wanted and try to use that in my defense as you have put it in example . I am going to change on the DoF , to address these things , so the courts have been informed of this , I will also state these things to my court appointed atty , so its all been stated . Then I will voice in my Appeal that I want to appeal this to appellate court due to these facts , because Dr, reports back up , wha is being said .

If I was to address the my parenting skills , I have no way to prove them wrong , because no matter what program I did for these crazy people , they would make sure not even one of my sons could be there , so they could say "yes he was there for 4 months " but we can't give a positive report , because we didn't get to see him interact/parent his son (s) . what a set up huh .lol.

Anyway I'm seeing it way more clearly now and I thank you for taking the time to lay thing out like this .

I'm back to work !! :)
thanks Kevin

Mary Martin
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Joined: Sat Aug 25, 2012 1:08 am

Re: heart broken dad , whos watched many abusesfrom Mother &

Postby Mary Martin » Tue Aug 28, 2012 3:26 pm

Eljay , can I ask you , on the Object and correct, SW. .. If the false , untrue Report , example Line # ( ) ,, has to do with the Mother ..

In the Reply : I stay away from the Mother in the reply , to be safe ? Not throw the Mother under the bus ? correct ?


CPS reports that I Objected to the contents of parenting and angermanagment coures contents . lol. Never happened , I have doc from the teachers to courts on my behalf , and certificates of completion , perfect attendence for each class . homework papers ect.

Everything I can prove with my Docs I'm going to list as you said in my DoF..

The funny thing about it , the same guy the owner / teacher of the angermanagment classes , that wrote me a letter to the courts as to my participation (satifactory) , is the one that is supposedly saying that I be littled the classes content , I have major angermanagmet problems , I disrupted class ?? Just one lie after another ..

Well, in a nutshell , I have these false statements documented in reports (CPS) . I have contradictory Documents that proves them to ALL BE FALSE STATEMENTS . These statements are all what they are using to try to prove me an unfit parent .. I've definitly got what your getting at now .. I'm on it !! :) Finally , huh ..lol Wow..

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Eljay
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Re: heart broken dad , whos watched many abusesfrom Mother &

Postby Eljay » Tue Aug 28, 2012 5:26 pm

Mary Martin wrote:Thanks Eljay , more than helpful .

At this point do you suggest me filing the DoF and the Objections and corrections ?


I suggest you MAKE your atty file it on your behalf, and if she refuses, you will notify the court and file a complaint with the California State Bar (that licenses lawyers).

Then I will voice in my Appeal that I want to appeal this to appellate court due to these facts , because Dr, reports back up , wha is being said .


Quit worrying about your appeal... you don't have anything to appeal yet. Focus on WINNING the battle to preserve your parental rights. Quit planning for what you're going to do when you lose.... you MIGHT win!

If I was to address the my parenting skills , I have no way to prove them wrong , because no matter what program I did for these crazy people , they would make sure not even one of my sons could be there , so they could say "yes he was there for 4 months " but we can't give a positive report , because we didn't get to see him interact/parent his son (s) . what a set up huh .lol.


Point that out to the judge.
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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