Motion for visitation

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Motion for visitation

Postby tali322 » Fri Sep 07, 2012 8:10 am

Hello. My visits have been suspended for 8 months now, my lawyer does nothing. How do I file a motion? How do I prove the visits wont hurt my 5 year old? They are saying visits will hurt her more then help because she is angry that she cant come home and displaying anger regarding me and my husbands relationship, they say. But its actually the foster parents who are going through a nasty divorce. What do I do? I have documentation that I am completing all aspects of my caseplan including clean UA's for month's.

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Re: Motion for visitation

Postby Eljay » Fri Sep 07, 2012 12:08 pm

Did the court order no visitation? Or is it just CPS doing this? BTW, review your state laws on how drug use is defined for "child abuse" or neglect... the federal law define drug use that incapacitates parents. In theory, if you Dad left the house Saturday night, leaving the kids with sober mom, and got drunk or high as a kite, then came home completely sober in the early morning, then the alc/drugs would have zero impact on the kids. I'm not saying it's okay to do drugs, BUT if the kids are not around it, if the parents are not around the kids when they're wasted, if the kids are in capable hands at all times, if the drug use does not negatively impact your ability to keep a job, pay your bills, hold it all together, then CPS is totally overstepping their bounds and not following the law. There is this presumption that if you fail a drug test, you should lose your children. Case workers rely on the judges to swallow this presumption hook, line and sinker, but if you never object, then it doesn't matter... that's why you have to object, fight, file your motions, declarations, sworn statements, etc.

CPS could say, "mother let child outside with no shoes on and was therefore neglectful and we seek legal custody." If there is no opposition to the petition/motion, then only the good judges are going to question this. This is why firing back on paper is so important... see, you could make the case that, "mother allowed child to play in the grass on a lovely summer day when temperatures were in the 80s; there was no neglect and petition should be denied due to lack of jurisdiction." and you'd likely win. But if there's no objection, CPS will usually win. So, find the law, see how it applies and fight your way back. You can either use the standard forms, some of which I found samples/forms for below, or make your own that includes the reason why you should have custody returned to you, and if not custody, then at least GENEROUS visitation. (always ask for custody back, then settle for visitation if you don't get it)

You're in Ohio so.... look here:
or ... 0Court.pdf

Motion to dismiss info: ... ndact_view

This one has a lot of info, although more so for parent custody disputes: ... tation.pdf ... ngtime.pdf
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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