FAQ/FACTS AND QUESTIONS

Info for giving temp. guardianship to someone else..

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missmik
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Re: FAQ/FACTS AND QUESTIONS

Postby missmik » Fri Dec 07, 2012 4:12 pm

Okay. Im gonna sound like a horrible person, but im gonna lay it all out here so that i can get your imput...

My son was removed from my custody and placed with his biological father August 31st 2012, because of Munchhausen By Proxy accusations. (long story)

I am due with my second son late Feb 2013. His paternity is questionable. I slept with two separate men within the month he was conceived. One is not in the picture anymore. The man i believe is his father and i live together, and plan to raise the child, though there will be a DNA test done when the baby is here.

It is painfully apparent that my son will most likely not be home before the second baby is here.

Can i assign guardianship of this unborn child to my roommate (who is not positively his father, and the other potential father is aware of the situation but has no interest in being involved in any way), because he has not in any way been investigated, interviewed or interrogated by DCS? He is a perfect citizen. Same job for 11 years, no drug history, in college as an adult, and a full time employee.

Will this be enough to prevent DCS from being able to take custody from the hospital?

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monkette31
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Re: FAQ/FACTS AND QUESTIONS

Postby monkette31 » Sat Dec 08, 2012 2:47 am

Well, you don't sound horrible to me.

What state are you in and is the removal of your son still an open case? Do you have visits? Was this a permanent placement or the beginning of the case and you are in the process of re-unifying with all the required services such as parenting classes, therapy, whatever....?

A lot depends on your state laws and the status of the removal. If it was voluntary or involuntary is taken into consideration. How does cps know you're pregnant, do you see and speak to them? open case?

Not really sure any of the potential father business is their business at all at this point, but if you do end up having the child and they remove the child, they can compel you to reveal any/all known info about the fatherz.
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

missmik
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Re: FAQ/FACTS AND QUESTIONS

Postby missmik » Sat Dec 08, 2012 6:02 pm

I live in Indiana. They know I am pregnant, because when all of this crap began, i was honest and told them when they asked.

we still have an open case, and have not yet been to trial. Visits were suspended until further notice (after having incident free, video taped visits with two grown men in as our supervisors for almost 2 months), because of ONE woman's opinion when i was questioned by her, as she was a "Munchhausen by proxy expert." i just recently got a new (and much better equipped) lawyer. We have no re unification plan or anything of the sorts. It was an involuntary removal.

My son's father and family have a history of the same medical issues my son has, but because they can't seem to find a treatment for his symptoms, I have to be the cause... because ya know, doctors know everything. *eye roll*

Somehow, they knew that information when they interrogated me ( I have no clue who talked to them and gave them that information, but hey, they are little nazi spies, so nothing surprises me anymore.)

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Eljay
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Re: FAQ/FACTS AND QUESTIONS

Postby Eljay » Sun Dec 09, 2012 2:16 pm

missmik wrote:I am due with my second son late Feb 2013. His paternity is questionable. I slept with two separate men within the month he was conceived. One is not in the picture anymore. The man i believe is his father and i live together, and plan to raise the child, though there will be a DNA test done when the baby is here.


We don't care who you sleep with and aren't here to judge. If it will help you pin-point your dates, remember that even though they say your pregnancy starts from your "last normal menstrual period" that you actually don't conceive until about 14 days *AFTER* you LNMP and that cycles vary widely. We were "babymaking" for six months and so I had to go through all the charting, basal temperatures, etc. and I *think* that I wouldn't ovulate until about 20-21 days into my cycle, so it's quite different for everyone. Here's more on cycles/due dates:
http://www.instituteofmidwifery.org/MSF ... enDocument


I'm sure this is stressful for you both so I hope this helps lock down an answer and reduce some of the worry. I he's a quality, stand-up sort of guy, let's hope he sticks around regardless. "Father" is a VERB, as well as a noun. If you two marry, he'll be the presumed father. Your state law on the matter is here:
http://www.in.gov/legislative/ic/code/t ... 4/ch7.html

Every so often I'll catch the Maury Show (oh, dear God, please let me go to my grave without my children ever to appearing on Maury or Jerry Springer) and it seems he mostly does "whose my baby daddy" shows. Once it awhile, you'll get these stand-up dads who say, "I don't care who the father is, that is MY kid!" Awwwwwww. :)

Can i assign guardianship of this unborn child to my roommate (who is not positively his father, and the other potential father is aware of the situation but has no interest in being involved in any way), because he has not in any way been investigated, interviewed or interrogated by DCS? He is a perfect citizen. Same job for 11 years, no drug history, in college as an adult, and a full time employee.


If he's a good guy, marry him instead. Then he'll be the presumed father. And name him on the birth certificate. Worst case, if CPS wants to keep the baby away from YOU, they won't have grounds to take baby away from HIM... if they claim you're dangerous, then CPS can leave the baby with him and you can move in with a friend until you work through the CPS crap. You wouldn't give "guardianship" to a man who is the father anyhow. If you really want to know beforehand, get an amniocentesis done now to test DNA.
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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Hwilliams2813
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Re: FAQ/FACTS AND QUESTIONS

Postby Hwilliams2813 » Sat Feb 25, 2017 2:29 pm

I need advice. My mom made some pretty false and nasty allegations towards me to dfacs and after trying to prove my innocence. And getting railroaded My mom and I agreed for us to agree to disagree but for the kids and to get dfacs out of ourlives we had enough. So I was set to sign papers to give her permanent guardianship on Nov 28 and it was clear on Nov 3rd our nightmare was far from over my mom passed away 25 days shy of us signing everything.
So instead of dfacs opening a new case and letting me and my husband be with the kids kwwp them in same school the GAL SNATCHED THEM and placed them with my aunt who is in her 70's with alot of health issues. My kids are 15,13 and 6 this whole thing began over a year ago all on false allegations which my oldest daughter knows the whole truth on how it all began and is willing to come forward. Is there anything i can do to get my babies home with me?

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KDus
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Re: FAQ/FACTS AND QUESTIONS

Postby KDus » Mon Feb 27, 2017 9:34 am

I am not an attorney and this isn't legal advice.

Maybe you can find a way to get the older children's statements heard. Maybe a motion or petition by you is appropriate.

OR

It sounds like the kids need their own legal counsel. They get one during DCFS cases. Unless you are squeaky clean, you don't want an open case.
So, maybe you can get private counsel for one or all of the kids. Then, the attorney can act on their behalf..... But I suspect the GAL would have to approve. This brings up an interesting question. Now, I'm very curious if kids can have their own counsel when there is a GAL.
You probably need expert advice to find out what parental rights you have left and how to get the kid's wishes known and deal with the GAL.
Last edited by KDus on Wed Mar 01, 2017 11:16 am, edited 1 time in total.

Hwilliams2813
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Re: FAQ/FACTS AND QUESTIONS

Postby Hwilliams2813 » Tue Feb 28, 2017 7:06 pm

Thank you for the advice. I appreciate it.

Jessie's Aunt
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Re: FAQ/FACTS AND QUESTIONS

Postby Jessie's Aunt » Wed Mar 01, 2017 12:10 pm

To KDus:

When we hired an attorney to represent the baby in our case, he was then designated by the court to be Guardian ad Litum. There was no need for a CPS-appointed GAL if we were willing to pay for the baby to have representation.
Jessie's Aunt
Adopted my sister's grandchild, 2004.


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