Our Happy Ending

Share news of your success stories and methods for victory to inspire those who come after you here.

Moderators: family_man, LindaJM

momoftwo79
Posts: 15
Joined: Tue Jul 22, 2008 2:40 am

Our Happy Ending

Postby momoftwo79 » Sun Sep 21, 2008 4:58 am

I just want to update you guys on how our case is finally closed after a hellish two months away from our babies and all charges against us were dismissed! :)

However, we are proceeding with caution because our lawyers warned us the other side has 10 days to appeal. We are enjoying every second with our babies, but I'm still going forward as if they were still coming after us. We're going to be doing everything that they were going to try to get us to do, but instead of it being court ordered, we're doing it on our own. You can never be too safe, and we will do whatever it takes to make sure that no one ever takes our babies away again.

I want to thank everyone for their replies, they certainly helped! Keeping a journal is so important, and every time they refuse you something or if something happens, write it down. Little things add up. This way you remember everything that happens and can give accurate dates. That gives you more confidence when you answer your questions instead of being unsure, and with confidence in your answers, it shows, and you build more credibility.

Advice that I would give is to be proactive, responsible, and to take the initiative. Showing through actions (show up to your appointments, be on time, turn in paperwork, dress neatly and as professional as possible - appearances do matter and you are being judged by everyone around you, be polite, don't curse no matter how frustrated you get, and just be responsible and together despite the chaos) and not just only saying that you care and will do whatever it takes to bring your child back speaks louder than words. Also, you have to act like an adult as well as a role model and at least look like you have yourself together in order to prove that you can care for your child.

Keep your mind open to change and suggestions. We can all improve ourselves. No one is perfect and we all have our flaws. We all have problems. We all have bad days.

When you speak in court, people tend to look at the lawyer instead of the judge since the lawyers are asking you the questions. Try to make eye contact with the judge and connect with him or her when you speak, they're the one to determine your fate (and the fate of your children).

I also want to thank LanceBabe for her recommendation for Cherise Cuevas. We hired her and Kyle Skopic. They were an amazing team and are phenomenal lawyers. They recently helped us bring our babies home, and we are just so thankful and happy beyond words. I highly recommend both lawyers, so if you are seeking someone experienced in taking on CPS in Fairfax County Courts in Virginia, feel free to contact:

Cherise Cuevas Law, P.L.L.C.
703.815.0000
http://www.cuevaslaw.us/attorneybio.html

Kyle E Skopic Law Office
(703) 246-9530

Even though I am just so happy to finally get my babies home after only getting 6 hrs visitation a MONTH these past two months, which has been torture for us since we've never been apart from them before, I'm also thinking of you guys. I know how tough it is.

Don't let CPS win. Sometimes you have to hit the bottom to come back up so have faith and stay strong. Never give up hope, and never stop fighting to get your kids. You will all be in my thoughts and prayers, and I hope all of your children will be returned to you soon.
Last edited by momoftwo79 on Wed Sep 24, 2008 7:56 am, edited 1 time in total.

MaggieC

Postby MaggieC » Tue Sep 23, 2008 1:47 pm

Congratulations! I agree with you-there really are safeguards in the law both in the statutes and in case law. With the right legal argument -one can win.

momoftwo79
Posts: 15
Joined: Tue Jul 22, 2008 2:40 am

Not so happy update...

Postby momoftwo79 » Tue Sep 30, 2008 1:47 pm

Our lawyer just left me a voicemail with a message stating that CPS is going to appeal. I'm freaked out. I finally got my kids back, and I don't want CPS to steal them away again! Does anyone have any advice or wisdom to share? Thank you very much!

MaggieC

Postby MaggieC » Wed Oct 01, 2008 3:51 am

I can tell you as a lay person (I am not an attorney but I work in law) that appeals are usually filed as a matter of course.

No new evidence can be brought into the appeal. The appellate court will rule on whether or not the lower court made an error based on LAW. Nothing new can be brought in.

Discuss the case with your attorney and if you are happy with her, as it appears you are, continue to work closely with her.

Hang in there.

destinysbabies
Posts: 6
Joined: Fri Feb 20, 2009 2:34 pm

Appealing

Postby destinysbabies » Tue Feb 24, 2009 8:20 am

So, if CPS can appeal when you win your kids back, can we appeal when they are taken away and our rights are terminated? I am being told by CPS that once the Judge terminates my rights, I cannot appeal nothing.
Destiny

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Tue Feb 24, 2009 8:40 am

Go to this site and do a search for - - appeals.

http://www.childwelfare.gov/



Try this link at the bottom of the page.

http://www.childwelfare.gov/pubs/userma ... erfour.cfm

Missingher
Posts: 36
Joined: Wed Feb 11, 2009 11:32 am

Postby Missingher » Tue Feb 24, 2009 5:02 pm

Momof2... I was so happy reading ya and scrolled down and saw that appeal by CPS!

I am just stunned they did that...could it be... to shake her up ya'll?
I mean why on earth would they appeal her getting her babies back? Which yet again proves they arent the least bit FOR keeping a family together!!But we knew this already...

Those are HER babies NOT theirs! NUFF said! :evil:

It sounds like you have wonderful attorneys....and honey... they are going to know how to handle this.. b/c now they know what they are working against as in"evil" that cant stand the fact they lost...

It could be they have gotten themselves in a mess with with the foster parents?? Does that make sense?
They probably made them believe parental rights were going to be terminated... so they set their hopes on getting that bonus! Then If the foster parents were made to believe that-- they are probably causing a lot of ruckus...

But they are YOUR children... PERIOD!! I would even try to find out of they told the foster parents a TPR was coming.... your attorneys could use that against CPS in big ways in court.Which would be the motive in their appeal. Its not about that you arent a GOOD parent..its about they lost money and hurt someones feelings by making them promises they had no idea if they could keep.

They make me sick


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