Guidance to get them home...

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escamarika
Posts: 2
Joined: Tue Jan 26, 2010 1:56 pm
Location: San Diego, CA

Guidance to get them home...

Postby escamarika » Wed Jan 27, 2010 4:41 pm

My name is Irma and I live in San Diego, CA. I got arrested in August-2002 on a DUI (meth), and got my two daughters taken at the ages of 2 & 3. The foster mother (who was my brother's g-friend at the time) told me she wanted to adopt them in Dec-02, so I began complying with services in Jan-03. In Sept-06, my brother and his g-friend had a nasty break up before the adoption was finalized,and she kept my nieces and my daughters. She adopted my daughters in Feb-2008, and changed their first names at the ages of 7&8 yrs old.
On March 2, 2009, this same individual, now the adoptive mom, was taken to jail on charges involving corporal punishment and child endangerment against my youngest daughter, and my girls, along with my nieces are now all in a foster home in another county.
The adoptive mom no longer wants my girls and chose not to do reunification services with them. She alienated them, and my nieces from our family and would't allow us to see them. I am the only person inquiring about my daughters since March of '09, and was given the information that I have, even been considered for placement, up until we came to the barrier that I have no rights to them. "Legally", I am no one to them!
Reports state that my daughters have been abused for many years, dating back to 2006, or even longer, when they were still foster kids in San Diego County. They are emotionally damaged!
I have all my transcripts from my court trial, and I know that there has to be something I can do to try to get them home. I told the social worker, and the judge, back in 2003 that my daughters weren't safe with the foster mother and to look closer into their placement (all this is in the transcrips) but I wasn't heard! I know that the adoptive mom will get her parental rights taken and my daughters will once again be up for adoption. I've enteredthis site for some type of guidnce. Thank you so much for taking the time to listen...
Last edited by escamarika on Fri May 21, 2010 6:58 am, edited 4 times in total.

Marina
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Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Thu Jan 28, 2010 5:10 pm

.

Go to family court and file a petition for custody. If it is denied, you can appeal to a higher court. Ask what the fee is, and ask for a form. You may be able to do it on the phone or internet.

.

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LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
Contact:

Postby LindaJM » Fri Jan 29, 2010 6:16 am

There are lawyers in your area that take CPS cases (see the lawyers section on the front page of this site.) Also Greg Smart is there in San Diego and might take an interest in helping you with your case. He is not a lawyer, but seems to be an effective advocate.

Rev. Gregory Allen Smart Sr.
Founder - No more Family InJustice
Phone: (707) 8-GSMART
Email: [email protected]
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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 ...

Mema
Posts: 116
Joined: Sun Jan 11, 2009 2:43 am
Location: New York/am resident Wisconsin
Contact:

Postby Mema » Sun Feb 07, 2010 12:07 pm

Two things, one there was no adoption correct? Check your state laws for termination sometimes there is a clause for undue pressure or coercion or fraud. An experienced attorney may be able to get it into the court on that. Second you really need a lawyer but this would be new evidence so a lawyer good in trial court may be able to get it reopen on new evidence. I say trial lawyer cause they are the fighters. Family law has minimal fighters. ( Linda knows more so check out her attorneys) That may do well on appeal cause I doubt it will fly in family court where no one ever makes mistakes so new evidence wont have the effect of "new". To make matters shorter, you can have an attorney do a petition straight to your top Appeals court as a motion for review or what ever it is called in your state. with alot of work you have a chance of getting the termination reversed. The one good thing is that you questioned the foster moms capability and we all know that is never investigated. Which is good for you, they didn't do their job. A good trial lawyer should be able to work with that.

Michael
Posts: 331
Joined: Wed Dec 01, 2004 6:11 pm
Location: East Central District

Resources

Postby Michael » Mon Feb 08, 2010 5:31 am

Contact Advocacy, Inc. for assistance.
I do not know the Cal. phone number but it is obtainable at 1-800-555-1212.

escamarika
Posts: 2
Joined: Tue Jan 26, 2010 1:56 pm
Location: San Diego, CA

Thank you

Postby escamarika » Tue Feb 23, 2010 3:10 pm

I appreciate the time given to leave me a post. I will be meeting with an attorney next week so please pray for a good outcome.


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