filing a motion

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essence
Posts: 2
Joined: Sat Jul 07, 2012 11:40 am

filing a motion

Postby essence » Sun Jul 15, 2012 11:53 am

My final custody hearing was last month. My children were ruled as 'dependent'. However, by defanition, they are absolutely not dependent. Also, I was told I could file a 'motion to reconsider' based on poor representation. I had recordings of visits with my children as well as conversations with me and dhr that can prove the accusations against me are completely false and show that dhr lies. My attorney did not present this. She had told me before court that it was extremely important for me to bring my proof with me, which I did. She didn't even bring it up in court. So, what are my options considering I can prove the judge made the wrong decision?

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: filing a motion

Postby Eljay » Sun Jul 15, 2012 5:49 pm

oryana1205 wrote:My final custody hearing was last month. My children were ruled as 'dependent'. However, by defanition, they are absolutely not dependent. Also, I was told I could file a 'motion to reconsider' based on poor representation. I had recordings of visits with my children as well as conversations with me and dhr that can prove the accusations against me are completely false and show that dhr lies. My attorney did not present this. She had told me before court that it was extremely important for me to bring my proof with me, which I did. She didn't even bring it up in court. So, what are my options considering I can prove the judge made the wrong decision?


"Dependent" usually means you are unwilling or unable to parent. What did they allege?
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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essence
Posts: 2
Joined: Sat Jul 07, 2012 11:40 am

Re: filing a motion

Postby essence » Mon Jul 16, 2012 7:12 am

I have memorized the meaning of 'dependent'. That's why I asked. Because I am (was) totally able and more than willing to raise my children. I did not ask for any of this, and do not deserve it.
They have changed so many things so many times, I'm not even real sure what I was accused of in the beginning anymore. They have mentioned 'failure to protect', 'attempting to coerce children', and have even said that I have threatened my children. They have said that I 'shame' them, but give no specifics, and it's not true. None of what they have said is true. And they have no proof of anything (cause it's not true). However, I have proof that what they are saying is false.

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: filing a motion

Postby Eljay » Mon Jul 16, 2012 11:16 am

oryana1205 wrote:I have memorized the meaning of 'dependent'. That's why I asked. Because I am (was) totally able and more than willing to raise my children. I did not ask for any of this, and do not deserve it.
They have changed so many things so many times, I'm not even real sure what I was accused of in the beginning anymore. They have mentioned 'failure to protect', 'attempting to coerce children', and have even said that I have threatened my children. They have said that I 'shame' them, but give no specifics, and it's not true. None of what they have said is true. And they have no proof of anything (cause it's not true). However, I have proof that what they are saying is false.


Failure to protect FROM WHAT/WHOM?
Attempting to coerce children TO DO WHAT?
Threatened your children WITH WHAT?

What brought CPS into your life in the first place?
Do your children have any behavioral issues/problems that CPS is trying to blame on you, or dad, or anyone else?
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.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----


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