Where Are The Attorneys To Help Us?

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dachshundfan
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Joined: Mon Sep 16, 2013 11:08 am

Where Are The Attorneys To Help Us?

Postby dachshundfan » Wed Sep 18, 2013 8:28 pm

It seems as though lawyers are only there for you once the kids are in CPS custody. Where are the lawyers when you need them to PREVENT CPS from taking our kids?

I need a good lawyer I can have on speed dial in case CPS comes knocking again.

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LindaJM
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Re: Where Are The Attorneys To Help Us?

Postby LindaJM » Sat Sep 21, 2013 7:40 am

If you are homeschooling, you can join HSLDA and have exactly that. They have helped in many CPS cases involving homeschooling families, and have even appealed to create favorable case law for the rest of the people.

It would be wonderful if some attorneys would consider creating a HSLDA-like organization to help all families with CPS, not just homeschooling families.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

tiara103
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Joined: Thu Nov 21, 2013 1:47 am

Re: Where Are The Attorneys To Help Us?

Postby tiara103 » Sun Dec 08, 2013 7:52 pm

I need some help- NJ dyfs. First of all they came into my life because of my depression, no abuse, drugs, ect. Bottom line they suddenly stopped working with me & ultimately gave my daughter to her "father" who disappeared when she was 3 months old, a complete stranger. Cut off visits, calls, not only with myself but my entire family/friends she grew up with. Wouldn't even give me an address, nothing. He's got a bad record, they were told by his sister he tried to sell her his 1st son, along with other problems he has. He took her to try and get out of $30k child support at the same time getting 3x his order from me now. I've had no contact with my daughter who I raised alone for over 14 yrs for 18 months now!! They also just refused to send me copies of anything (including standard court orders) & won't let me even view it in the office. Claimed "no one has ever requested such"? Don't I have any rights as her mother? Many lawyers said I have a case both state (class 1983?) & federal but none will take it on. Anyone have a clue what I can do? Thanks in advance for any advice!

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family_man
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Re: Where Are The Attorneys To Help Us?

Postby family_man » Mon Dec 09, 2013 8:19 am

You definitely have rights as her mother, and you should keep calling attornies until to find one that WILL take your case. You also have a right to view ("discover") all of the CPS records pertaining to your case.
Disclaimer: I am not an attorney, and this is not legal advice.

tiara103
Posts: 6
Joined: Thu Nov 21, 2013 1:47 am

Re: Where Are The Attorneys To Help Us?

Postby tiara103 » Mon Dec 09, 2013 4:17 pm

Not so easy in NJ- called and emailed dozens & dozens. Last attorney (& all he does is dyfs defense) I talked to today said "Good luck, you won't find anyone to take that. If you do, let me know who cause I'll have lots of referrals for them". Got one 4 hrs away who is willing to hear it, consultation for $350. Guess that's my best hope for now. One thing for sure, I will file it if I have to do it pro se! It's worth it even if I lose..
It just doesn't make sense that they would go out of their way to locate him, tell him what's going on & give him rights to her, but not tell me even where they are? I had full legal and physical custody court order prior to dyfs. They even knew that 8 months before he refused to sign divorce decree until it stated he relinquished all rights to her. Worker said that was all his past? Oh & asked Him things- he didn't recall anything? Showed proof, even of current active warrants on him, played voicemails, gave contact info of his victims, his own sister told them how he tried to sell her his first son.. I tried going to the spvr but same thing.
Sorry for the rant- but thanks to anyone who read it!

HeartbrokenNana
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Joined: Tue Dec 17, 2013 3:30 am

Re: Where Are The Attorneys To Help Us?

Postby HeartbrokenNana » Sun Dec 22, 2013 4:37 am

My granddaughter was given to her biological father even though he has never been involved in her life by choice. The father immediately signed over guardianship to his parents - further proof that he has no interest. He currently has custody with the guardianship. CPS searched for him and found him and totally supported placement with him with no background check into his drug usage and past. The grandparents were not researched either and the post traumatic stress syndrome the grandfather suffers from was not verified. The reason we were given is that they were not under investigation and the fact that we had information regarding these issues was of no consequence. I, on the other hand, had to have a full background check to be considered for kinship care and my daughter could not just sign over guardianship to me while we went through this process. Now they will not allow us to visit or contact my granddaughter. It turns out that this is due to a suggestion from the case worker stating that we would use any discussion or appearance to attempt to regain custody. They have threatened that if we continue to contact them requesting visits, they will hire an attorney to keep us from contacting. At this point, hire the attorney. We are not constantly calling or texting, we are making contact about once a week. We are not threatening. My daughter has not been convicted and has been told her case is closed even though the case worker continues to force her to follow the original case plan that includes visitations that are no longer occurring. I cry constantly due to missing my granddaughter and concern for her well being.

whosechildrenarethey
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Joined: Sat Sep 08, 2012 7:00 pm

Re: Where Are The Attorneys To Help Us?

Postby whosechildrenarethey » Sun Dec 22, 2013 12:27 pm

Here is some NJ specific information that may be helpful. Attorney's cost big money so if you don't have the extra money to get an Attorney the best thing you can do for your children and the situation is to educate yourself so that you know what CPS should and should not be doing and what your State's specific Statutes say...

https://www.childwelfare.gov/systemwide ... cessSearch

http://www.lawserver.com/law/state/new- ... _chapter_6

HeartbrokenNana
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Joined: Tue Dec 17, 2013 3:30 am

Re: Where Are The Attorneys To Help Us?

Postby HeartbrokenNana » Sun Dec 22, 2013 3:19 pm

My daughter's case is actually in Louisiana. We have actually found an attorney and I have inquired with her about possibly working out a payment plan. I am currently in the process of attempting to secure a loan to cover the cost but even with that, I am concerned that the money will run out. I am also studying the Children's code for Louisiana but without any documentation of the previous juvenile court decisions and without the CPS file. We already know that there are inconsistencies and CPS did not follow previous guidelines issues in juvenile court. The judge that gave custody to the father in a closed hearing that my daughter nor I was allowed to attend, was retiring and this was her last day sitting on the bench. Since that date, there has been another hearing and the judge overseeing made the case worker admit in open court that she was working toward reunification. Everyone else at CPS says the case is closed and there are no further hearings but yet another following hearing has been scheduled for March.

whosechildrenarethey
Posts: 105
Joined: Sat Sep 08, 2012 7:00 pm

Re: Where Are The Attorneys To Help Us?

Postby whosechildrenarethey » Sun Dec 22, 2013 6:20 pm

It's hard for me to point you in the right direction because your comments don't give me enough information. How CPS became involved, what the allegations were, if cps took a petition to court, etc... All I can attempt to do for you is point you in the right direction for where you might be able to research since you are the only one that knows the facts. Here may be a good place to start:

https://stellent.dss.state.la.us/LADSS/ ... ionID=3475

And Here:

http://familyrights.us/how_to/fight_cps.html

HeartbrokenNana
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Joined: Tue Dec 17, 2013 3:30 am

Re: Where Are The Attorneys To Help Us?

Postby HeartbrokenNana » Wed Dec 25, 2013 7:04 pm

Most of our story is listed on the newcomers page. This was an excerpt taken and added to this page. Your links are great and I will be researching those. I have also downloaded the entire Louisiana Children's Code and am working through it making notations also. My granddaughter actually received her injuries while my daughter was at work and there is a text from her boyfriend stating that she had fallen and hurt her eye and cheek. My daughter was arrested when she took my granddaughter for treatment even though they contacted her employer and had her phone with the text to verify that she was not at home. In court this past Tuesday, the case worker was specifically asked by the judge if they had verified that my daughter was home at the time of injury and the only response was they were not sure, all they know is that she was arrested and therefore, they had to remove the child. The investigator even states in his report that the injuries occurred while my daughter was working. That was on October 1.

There is a pending criminal case or shall I say a possible pending criminal case since the DA has not accepted the charges yet. The boyfriend was also charged and his case is pending. CPS never actually investigated the possibility of an accidental injury. They made a determination on that date saying that the injuries could only have been caused by multiple punches to the face even though there were not broken bones, just superficial bruising. I along with my daughter cannot 100% say what occurred since neither of us were there but do feel as though the injuries are more probable to have been caused in the way described versus punches to the face. We have also had independent evaluations of the injuries conducted and all came to the same conclusion. I will tell you that initially I was ready to kill him but the more I became involved in this case, the more I have leaned toward the accidental description. CPS has never interviewed him and neither have the police concerning this incident. They have not actually interviewed my daughter other than in the hospital when she told them the description of the incident as described by her boyfriend.

The attorney that we are attempting to hire who is willing to take on this case if we can come up with her retainer despises CPS and has over 20 years experience fighting cases they are handling. As a matter of fact, as soon as my daughter gave her a description of this case, she told her what parish she was fighting in and knew who the case worker was without a name or description given. That should tell you that there is a negative history already developed.

Jp2560Virginia
Posts: 3
Joined: Sun Jan 19, 2014 8:00 am

Re: Where Are The Attorneys To Help Us?

Postby Jp2560Virginia » Thu Jan 23, 2014 9:16 pm

I am in henrico Va.....need a lawyer can pay cash. Who is good......?.....? Please respond.


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