We were attacked by CPS now what can we do?

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bluemoon1111
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Joined: Thu Oct 11, 2007 9:55 am

We were attacked by CPS now what can we do?

Postby bluemoon1111 » Mon Apr 13, 2009 5:00 am

We have read the information provided by FightCPS.Com for the last 2 years. Tried to use a lot of the legal forms or formats but were unable. The court would not accept any evidence that was positive, on our behalf. We have had the majority of our Civil Rights as well as Constitutional Rights broken, or ignored and this was not just by CPS but local law enforcement, the District Attorney, and had the County Council conspire with two other attorneys involved. As well as the Judge involved.
I have all documentation as well as a Mental Health Therapist to prove that for about a year. They moved our children to a different county, placed them in foster care, and refused visitation. Without any investigations, or judges signature on a single piece of paper. No orders and findings were ever signed. After they failed to show a perponderance of evidence they made me the perpatrator, and made me move out of a home I had owned for 17 years. I was never allowed to deffend myself or any rights. I was not even allowed to speak, or be represented in court. At most of the hearings. The children were not allowed attend. Or were threatened with extra work or punishment if they requested to go. They were not even allowed to testify.
At the final hearing. Our Lawyer was on bed rest. His doctor filed a letter explaining his condition. The court excepting this, did not apply any sanctions against our attorney. However we had to remain in court, without council, and told not to speak to the court or object. The judge county council and two other attorneys sat there on the record, now off the record, now on the record, closed the case gave the children to there mother, full custody. She had used the children to rob our home, commited welfare fraud, been arrested for at least 2 DUI, 1 under the influence, and 3 driving on suspended. Was only allowed supervised visitation and for about 6 months. Literally moved into a tent in the woods. Never providing for the children. Anyway her arrest record over a six month period of time just disappeared. All charges were dropped and spent no time in jail. CPS was so prejudiced it was unbelievable. After being involved with them for over 8 months. They had no idea what we did for a living. Or if we worked at all.
As if bound and gaged we were made to listen. As we lost everything.
In the criminal case tied to the original removal I was not allowed to plea the 5th, I was told I would be thrown in jail. Made to go into the judges chambers and tell him and then answer the question on the stand. Walking from one court apperence (criminal) to the next (Juvenile) the DA and County Council trying the CPS case were conspireing. And it goes on and on, from the social worker jumping out of her car yelling at us from the middle of a main intersection, " come back, you need to drug test". To the arresting officer giving the childrens rare but occational mother a ride home from court.
Case closed, I have lost my home, my rental which was part of my income, been called a child abuser, a drug dealer, and lost a good reputation. Not to mention all self respect. We can not live with the situation as it stands. The children are misserable. Knowing that they will continue to treat people like this is unacceptable. All in the name of the mighty dollar.
How do I hold them accountable at this point? I have no money to speak of, and the attorney we had did nothing. Not even about the last court date. He had given me his law book and had me read it to tell him the procedures and laws. We had given him two letters from the ACLU asking to be involved in the case, and he blew them off never calling or making any effort to contact them.
See I am as stated by CPS just the live in girlfriend. while he is just an abusive father. Together we raised three children as a family, for five years. Without insident, That the mother had left (on the eve of her daughter's birthday) for one of the largest drug dealers in town. Not having anything to do with the children.
We have had take a break. After the emotional rollercoaster we need to fight back. At this point we are just asking for a direction. I know that when I again start reviewing all of the paperwork I will be an emotional reck. I just want an idea of who to contact? I wish there were instructions, kind of like a paint by number, because the emotional state they put people in is unbearable.

Thank you
L & B
"All things are possible" unless CPS is involved

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kelz03103
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support

Postby kelz03103 » Tue Apr 14, 2009 4:21 am

I dont know what to tell you , I was "just the live in girlfriend" at one point myself , it did not go well for me either , and we ended up with the same result the "mother got the kids . All I have to offer you is words of support , maybe some ideas . look into this avenue , I tried and failed , perhaps a lawyer or maybe even a legal aide will let you look at the juvenile law books , here is the only angle i can think of at the moment, first there is abandonment , if you were raising the children for 5 years , you may have a slight angle there , but the one that comes to mind is this ,, reguarding legal guardianship , and custody , the juvenile law book says ANY interested party with an interest in the child or by having the child in their care for a period of 9 months or longer , May obtain guardianship or custody , now before you get excited this does NOT say ONLY relatives , however MY lawyer insisted i did not have a leg to stand on NOT being a blood relative. I think he was wrong , also theres 2 parents mom and dad , and grandparents and all that, if you get all OTHER interested parties to sign against say ,, the mom , you can fight for the kids that way, also if you had any children with the dad of the other kids , making them half siblings, they WOULD be relatives , and you can speak for them . Also not sure about timing but , look up Bill F hearing this is a hearing one parent can demand , to determine if the other is fit or to prove themselves fit , look this one up online , one thing is a parent has to be able to show in a Bill F hearing that they can provide the basics such as food clothing and shelter , all of these things are just some ideas , may lead to other ideas for you , they may or may not help at all , I don't know , but I wish you luck . take care let us know , ~Kelz~

anxiousmom
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Postby anxiousmom » Sun Apr 19, 2009 1:54 am

What were you charged with criminally?

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kelz03103
Posts: 145
Joined: Sun Aug 17, 2008 6:10 am
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I was not charged

Postby kelz03103 » Sun Apr 19, 2009 6:01 am

I was not charged , the dad was for domestic violence with me , go figure , but i tried to drop the charges on him the state said they had to , because I had an injury. thats a long story , what he got put in jail for was not the dv , but violating probation, so I had the lil girl , she was placed by the state with him AND me , he goes to jail and mom stole her on the next visiting day claiming HE had custody not me and he forfitted that by being in jail of course i tried to fight this , she was in the same home , OUR home that we all shared , he wasn't going to be in jail long , and i don't think if a parent goes to jail they should automatically lose custody . However the police in my state , even when provided the court papers saying where the child was supposed to be , would not take her back from the mother , paper also said she should never be alone with her, anyway the police looked at the court papers and said it was a matter that needed to be brought back to court .The only person that could bring it to court would be me , and no one wanted to take me as a NON blood relative seriously.just a side note , foster parents are generally not blood relatives , hmm room for improvements in this area for sure. Now the father who had custody on paper was in jail and he signed that as the person with custody he was entitled to make decisions as to who cared for his daughter while he was away , he signed papers naming me. I still lost , because at the time these papers were filed I did not have PHYSICAL custody , thnx to the lacking police department here , the mom did. did you find the juvenile law book mentioned , or ask a lawyer , where it says ANY interested party with a vested interest in the child can obtain legal guardianship/custody , and that it does not HAVE to be a relative? Good luck , all I can tell you is things I remember and hope they help you in some way ~Kel~

anxiousmom
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Joined: Sun Sep 10, 2006 10:18 pm

Postby anxiousmom » Sat Apr 25, 2009 2:51 pm

kelz03103,

The question of "What were you charged with criminally" was not directed at you, but o the original poster.

Her post states "In the criminal case tied to the original removal I was not allowed to plea the 5th, I was told I would be thrown in jail."

bluemoon1111
Posts: 2
Joined: Thu Oct 11, 2007 9:55 am

I was never charged with a crime although made the perpetrat

Postby bluemoon1111 » Mon Apr 27, 2009 11:40 am

Oh my gosh, I was in and out of court so much it was unbelievable. The situation where I was not allowed to plea the 5th was in charges that were against the father of the children for DV. He was arrested Saturday am and released Monday pm, they stated that the charges had been rejected by the DA and sent him on his way. He went straight to our attorneys office (family custody) and they called CPS for Bill to retreive the children. After five phone calls our attorneys assistant was finally able to get a hold of SW and was informed that she was detaining the children, and court would be the next morning. One of the WIC300 codes used was G, she stated in her report that she had not heard from him and so on.
After we had gone to court four times and had finally secured our family law attorney to represent us Bill got a letter in the mail stating that a complaint had been filed against him for Felony DV, and he was to go to court on a certain date. The letter was dated October 1, 2007 and we had Juvenile Court on October 3, 2007. They were holding the children with no charges against eitherone of us. On October 5th second day of the contested hearing, CPS did NOT prove with any evidence, let alone a perponderance any validity, so they dropped WIC 300 G and changed WIC 300 C to WIC 300 B in an ORAL AMENDMENT after our attorneys closing statement. They then made me the perp and made me move out of MY home of 15 years.
In November at the preliminal hearing for criminal, I was outside with the children they sent a sheriff to bring me into court, he stated that the DA was going to have me arrested if I didn't show up for court (criminal). When on the stand and asked questions I pled the 5th (advised by our family law attorney, now dealing with juvenile and not criminal), the DA said that if I didn't answer the question that he would have me arrested. I stood my ground and he told the judge that he wanted the judge to determine if it would incriminate me, and qouted a law. The funny thing is the law quoted to the judge was regarding the family right to testify for a dead family member. As I was escorted to the judges chambers the DA was asked by the public defender how many Civil Rights he was going to violate in this case four or five. The DA stated "No, at least one or two though".
I explained the answer to the judge and was told that I would have to answer it in court. The DA was not happy with my answer, especially because it conflicted with the sheriff's testimony, which when he was recalled to the stand after I was out of the court room the sheriff changed his testimony contridicted his police report. The other Officer that was there saw who they wanted him to testify against and stated as he left the courtroom " I'm not doing this!"
This is just a tidbit of our experience. I really would apperciate any direction on just how I can facilitate the consequences so deserved.
Thank you
L
"All things are possible" unless CPS is involved


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