Hello

[WhiteHaven]

Well this escapade start back in November when me and my wife got into a fight, both went to jail for DV. That was settled and charges were dropped but because our kids were in the house at the time (not in the room). CPS got involved. Said we had to do counseling and follow a case plan before they could close their case. Well we do the counseling missed 1 time because we got sick lady told us to reschedule we did. I was supposed to go to trucking school about 100 miles away and there was a guy doing the home inspections my wife did not feel comfortable with him alone so I called them and asked them if we could set up an appt time for them to come see the home before I left. Well 2 hours later they just show up after telling me they would call me before hand to set it up. I refused them entry and they left, 3 days later we get served with papers conveniently when i'm in town he always stops by. Papers say we have to go to court on Feb 22nd this was the 17th. They say they are for temporary custody of the kids we freak out call the CPS woman and she says no no that's what they all say its just to force you to work with us. We was already working with them wth? They claim are kids were deprived yea right, they go to all doctors visits etc like they are supposed to the doc would have told someone if they were deprived, they have a fenced in yard to play in toys to play with etc etc. They claim our house was filthy I would love to see their description of a clean house because ours was. They said there was feces on my daughters carpet, there is a stain at the entrance of her door from my brothers dog that we have cleaned and cleaned and it wont come out and we aint the richest people and cant afford new carpet. They always complained about the stain claiming it was unsafe. Whatever. So on the 18th we leave for West Va. Mostly because they have forced us to leave because they are trying to kidnap my kids but also because neither of us could find work down here and it was stressful all around. We go to West Va and stay for about a month, we apply for FS and WIC etc etc so eventually on the 24th they find out where we are. A CPS worker for West Va comes out does her visit and assesment we get papers saying they did their investigation the kids are not neglected etc and its closed. Well Ga had sent the case to West Va so to me its closed. But they continued the court bs until march 15th which we were unaware of and still in West Va. At that court date they judge or whoever continued it again and no new court date is set. But the next step is to determine whether we committed contempt of court for not showing up in the first place. I have the number to the judge and I am going to call today to see if we can get something straightened out or not. I emailed the CPS woman here because she stalked us and left a note on my fathers vehicle which I was driving saying to come by her office etc etc. I asked her why she said because the case plan had not been finished I told her well West Va closed the case that's the end of it for me. She has not wrote back yet. She claims we have to finish the Case plan no matter what state we are in, yet we were in West Va for more than a month and no person from CPS came to see us or called us or contacted us in anyway the entire time except for the 1 visit. The CPS here has threatened my mother with her job loss if she does not cooperate with them because she was "aiding and abbetting" us because she supposedly knew where we were. The Original case was in Georgia and that is where we have court still I assume some time. I want to get this over with before I go back to West Va and start our life there. I don't want to get arrested and my kids taken away on some stupid bench warrant while we are in West Va.

[WhiteHaven]

Oh I also wanted to add that they told us in the court papers we have to bring our kids with us to court. To that I say to them go to hell because it aint happening. I know these scum bags. I will disappear before I let them take my kids. The only reason they found me last time was because we signed up for state aid.

[LindaJM]

The fact that they are requesting to see your children in court speaks volumes. You need to get a lawyer NOW to advise you on this. It isn't something I have any experience with.

If they put you and your wife in jail on contempt charges, who will take care of your kids? Do you have a backup person lined up?

I sense this is a very serious situation. The caseworker didn't get her way and is pushing it to the limit. A vindictive personality, no doubt.

And WHO said the children must be in court? Is there an actual SUMMONS stating this, signed by a judge? Or is this something the caseworker added so she can kidnap your children while you're there?

I can't be there to look at your papers and see what's actually happening. You are in desperate need of a lawyer, and regardless how much money it will cost for months to come, it is better than losing your kids. The number one way to keep a CPS case from resulting in child kidnapping is to have a lawyer before your first court date, otherwise you'll go in there and be appointed a county lawyer who isn't likely to represent you fairly.

[WhiteHaven]

The papers we got in the very beginning said that both parents and kids are to be in court it was signed by the judge I believe at least the ones since then have been. She is just pissed because I refuse to bend to her every want and demand. She told me that the court date was for the judge to DEMAND we work with CPS and finish the case file or we could lose our kids etc. Don't I have to pay for a lawyer to get one? If I can get one now and pay later I can do that but I have no money right now. When this happened we was living with my folks in their basement and we are now in between places we only get money from the state of WV every month and I was saving this months for our new apt if we get it. She said since the judge didn't issue a bench warrant the first time he won't do it now its been continued twice since then. I tried calling him today but he is only in on Tuesday,Wednesday and Thursday so have to try next week. Technically CPS here is no longer in charge of the case because they gave up jurisdiction to West Va CPS who did their investigation and closed the case we have papers stating that the kids were not neglected or abused. Why they think they would be abused is beyond me. IF and WHEN we got to court my kids won't be coming I will leave them with relatives just in case. I can contact them fast if I have to and let them know to leave with the kids if CPS tries to kidnap them. I am just curious as to why this judge has continued the case the 2nd time even though we have moved to West Va. I wonder if he even knows that.

[Momoffor]

They dont like it it when you bail in the middle of an open case to another state and not tell them where you are going. They look at it as you took the kids and went on the run.

Sounds like the caseworker in GA is pissy because WV didnt do what SHE wanted them to do, so is trying to take the case back over again. I had something similar in VA when the caseworker said on tape she was closing the case and giving it to the military to handle along with her recommendations. Military closed it stating that family didnt need services, so she got pissed and took it back to try to force what SHE wanted done.

I would get a lawyer as linda stated. In the very least, I would go to the next court hearing solo, with all the paperwork from WV to show the judge, explain the situation, and what the case worker is doing/demanding. (I always have found that writing a letter to read in front of the judge is better that way you dont forget any points) IF the judge is nice enough to grant you the right to speak to defend yourself. But before you do ANYTHING, contact a lawyer and see what they recommend. Find CPS court cases in that area and look for ones where the CPS lost. Contact some of those lawyers and see if they will do a free consult for you. At least this will give you a starting point of what lawyers may work for you instead of for cps, or give blanket statements about doing what CPS wants. Also it can give you an idea of how much it may cost ect.

[WhiteHaven]

I need help getting a lawyer. I have no money so I can't afford to pay one right now. Are there any in Georgia? I have no idea how to go about looking things up like you said. I posted for a lawyer on the request a lawyer page but nothing yet. Still no date set for new court date.Gotta call judge tomorrow hopefully he will talk to me.

[LindaJM]

Sorry, but I don't know any lawyers in Georgia who can help, and most lawyers don't work pro-bono. Today I got email from a group in Florida that might help.

Desere' Howard
Legal Team Coordinator
CPS Watch Legal Team
4358 SE Commerce Ave
Stuart, Florida 34997
772-293-9632 office
772-382-6188 fax
email: tcpr[@]gate.net

[WhiteHaven]

OK I called the judge today and talked to his assistant this morning she said she would get our case file and talk to the judge and get back to me. While I was gone earlier CPS stopped by and gave my wife a note saying that we have court on the 22nd of April at 9 a.m. They must be dreaming if they think I am taking my kids into the court with me or my wife. They can rant and rave all they want but they CAN NOT force me to bring my kids or my wife even though she is also on the papers stating she is supposed to come as well. A court house is no place for children and taking them would only give them a chance to kidnap my kids. So someone PLEASE help me get a lawyer before the 22nd! Hopefully the judge is not a prick and will understand that we have papers stating the case is closed in West Va and its the same case that the Ga CPS transferred to them.

[LindaJM]

I don't know any lawyers in GA - and especially don't know any that work for free anywhere.

If you call the CPS Watch Legal Team please let us know how it goes.

[WhiteHaven]

I emailed them and she emailed my right back. She said she does not know of anyone up here right now but she is putting out a watch for someone in Georgia to help me.

[Marina]

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Did you get a court summons delivered by a sherriff?

Look up state laws on what "notice" means. I think it means a "legal" delivery of a summons.

.

[WhiteHaven]

Yes we got that in February it was the same on the CPS thugs gave us. Have not been served since then but the case just keeps getting continued.

[LindaJM]

Did the summons have the children's names on it? ...or just yours and your wife's?

A summons should never be ignored. Now they can put out an arrest warrant if they want to.

[WhiteHaven]

It was for me and my wife. It said to bring the kids with us when we came to court. Yeah that ain't gonna happen. We already have a plan in place just in case the judge says they are taking the kids. I don't want to be a fugitive but I would rather do that than let the state kidnap my kids.Still no luck with a lawyer I just emailed all documents we have to a lawyer in south carolina he might be able to help if not I will be getting a court attorney who probably won't do jack. The weird thing is only the very first papers we got have the clerk of courts stamp on them we have gotten 3 since then and none of the clerk of courts stamp on them.

[Marina]

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If you go against them on this, they will use it against you later - big time.

.

[WhiteHaven]

I got a question. The last papers we got was from DFCS lawyer and said the next thing was for dfcs to file a complaint bc we never showed up in court to determine if we should be held liable for contempt of court. Well they dropped that paper off 1.5 week ago claiming we have court on the 22nd but I have gotten nothing from the courts or from their lawyer about it. Should I call and make sure we have court? I dont trust these people.

[Momoffor]

YES! ALWAYS call and confirm with the courts. Often times they will note the wrong day (typically after the actual court day) so parents dont show! Then they win because you never showed. They are sneaky bastards!

[WhiteHaven]

AHHH! I will call them tomorrow then. Thanks for letting me know.

[WhiteHaven]

ok I called the court people and we do have court on the 22nd today while we were gone they gave my brothers papers for a petition for contempt and want the judge to sanction me and my wife because we didn't show up for their circus court the first time. What does this crap mean? If he tries to throw me in jail the I don't even see the point in going.

[Dazeemay]

[size=150]Okay, you need to understand that this is not about you; it's about your children! Every wrong step you take they pay again and again for it. I don't want to sound harsh but, that is the reality of all of this.

Go to this link and do an Objections and Corrections forum. What you are doing is correcting everything the cps worker lied about. If you can show pictures of your home to the judge when you go, do it. Remember the court room belongs to him and you must respect him even by the way you dress. If you don't have a suit get one. Be polite at all times. Do not even show any look of disagreemnt on your face. Whether you like it or not you have to kiss up to them.We have all been there and believe me you are not going to lick them with your attitude.

When visiting our granddaughter one time she revealed something to me and I had a shocked look on my face( they had a camera in the room) the next thing I knew they took her out of the room and began hollering at her for telling us things that they said were lies she made up. Our visit was cut short. I regret that moment to this day as it really affected our whole family. So you see they have the upper hand.

If you can't click on the link for it to come up it is located in RESEARCH RESOUCES FORUM and titled Declaration of Facts etc.

viewtopic.php?f=9&t=4274 [/size

[WhiteHaven]

Alright will do. I have to go get a printer hooked up asap to get that printed off. Can you tell me what this thing they dropped off today is? It has no court date for the petition of contempt. I am the one who called and got the court date for the 22nd set up to try and settle things or at least see what these gestapo thugs want from us.

[Dazeemay]

Let me look up something and I will get back with you.

[Dazeemay]

Are you saying that you set up the court date for the 22nd and they did not have a court date set ?

Has anything you have been given by them, like the summons, been notarized?

The petition should be notarized also.

[WhiteHaven]

Yes I called earlier this month to talk to the judge to see what he wanted to do about this thing because the last papers we got were saying they were waiting on DFCS to file a petition of contempt and that no other court date was posted I wanted to get it over with because we was moving back to West Virginia and I did not want to deal with this crap some where else from another state and wanted to get it closed or whatever while I was here. None of the papers I have gotten except maybe the first summons was notarized hell everything we have gotten since then doesn't even have the clerk of courts stamp on them including this petition for contempt. It just has where the judge signed them and all that's it.I will have to look at the very first one we got but I do not think it was notarized either.

[Dazeemay]

It will be interesting to see if they appear in court on that date. Be sure you include the fact that the papers were not notarized. Makes one wonder if they forged the judge's signature. If not notarized it is not legal and be sure to state the law on that. You would have to do some research to find the law.

I would do a guardianship over the children if I were you. When you do this the judge might accept it but, he may say that you have to go through the courts to do one. The judge in Wis. accepted ours and did not require we go to court but, when we got home we went through the courts for their protection. Go to the guardianship forum and read everything. When you get back to WV let the schools know they children have guardianship. When you have guardianship they don't want to touch you because that is what they want and they won't go to court to fight it. Personally, I like Legal Zoom.com