Amicus Briefs?

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Daruma
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Joined: Sat Aug 28, 2010 12:34 pm

Amicus Briefs?

Postby Daruma » Fri Jan 28, 2011 10:16 am

Things aren't going well for my son and his wife. They're about ready to throw in the towel. The emotional struggle of coping with CPS, as well as the huge financial burdens, have worn them down. So far they haven't filed an omissions and corrections document to clear up the many errors and untruths in the CPS report about them. They're very young, and the odds that she will get pregnant again are pretty high. I'm afraid that if they don't challenge the CPS statements now, it will only make things worse for them next time around.

So, my question is, can I file an amicus brief on their behalf? And would I need an attorney to do this?

My point is to challenge what I know to be false in the CPS report. I can't challenge everything, but where I have personal knowledge and observations, I would like to set the record straight.

My goal is not necessarily to get this baby back. That seems like a lost cause. My goal is to have something on record that will make it easier to expunge their names, if possible, and to "witness" on their behalf if they ever have another baby (even if I'm no longer around by then, by some unlucky chance).
These are my personal opinions only. They are not legal, medical, or financial advice.

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LindaJM
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Re: Amicus Briefs?

Postby LindaJM » Wed Feb 02, 2011 2:59 pm

Yes, I believe you could file a brief on their behalf. I'm so sad to hear things aren't going well for them. If they refuse to try to submit their own paperwork, it is extremely difficult.

If she has another child they'll probably take that one for no reason too. Totally unfair!
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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 ...

MaggieC

Re: Amicus Briefs?

Postby MaggieC » Thu Feb 03, 2011 6:53 pm

An amicus brief is quite literally a friend's brief and is mostly used in Supreme Court (state and US Supreme) matters. Amicus briefs are generally filed by organizations who have a concern in the Supreme court action, i.e. NRA on 2nd amendment issues, Planned Parenthood on 1st amendment issues, etc. Amicus briefs are very detailed with an index listing court decisions etc. It is not a pursuit for an amateur.


You will need standing to file a declaration in the lower courts as a grandparent and you may have same depending upon your state's statutes.

Yes, you need an attorney unless you are willing to trudge along pro se which, in my humble opinion, I would not advise.

Check your state statutes for grandparent rights. You might also check with an organization called Grandsplace and even the AARP.

It is not a friend of the court brief (Amicus) that you are looking for here. You are looking for a mechanism to actually become a party to the case, which again, you may have standing to do so depending upon your state's statutes.


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