Need help now

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want2bfree23
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Joined: Sat Feb 22, 2014 1:06 am

Need help now

Postby want2bfree23 » Sun Feb 23, 2014 10:21 am

My children where taken away from us by my father and his wife. First of they where pulled out of school without us having any knowledge of what was going on we had to drive to the courts and find out what happened we where not served with anything until after the fact. My fathers wife clamed to the courts and the schools that she is there paternal grandmother. When in fact she is only a step my mother is still alive and is helping us. She also is calming that she is my mother when in fact she married my father when I was 28 These people are calming that my house is dirty that we don't feed the kids or keep them clean. They used the fact that we have had utilities shut off in the past against us . My father and his wife have not seen the kids since 12/24/13 how can they get away with this. They are using the fact children services have been to our house in the past when even when nothing was found and case was closed. children services have been hear last week my daughter swallowed a condom she is 5 thinking it was candy we took her to the er as soon as we found out and it was determined that she swallowed it. some how this women found out about this case don't we have the right to privacy in stuff like that I have photos of my house food running water ect. another thing is that my daughter has an old scar on her leg from a burn we where baking cookies and she knocked the grate from the oven out onto her leg her doctor looked at it and said it was fine. This women volunteers at children services and works for the school how dose she have the right breach privacy laws in ohio. The way she got the photo I feel was wrong my brother at his job took my daughter into the bathroom alone and took a photo of my daughter with no pants on and you can clearly see his hand is close to her genital area. Please help it has been days these people have my kids locked away they will not let us speak to them they will not even let there real paternal grandmother 10 year old brother or other relative's speak with them and these are the people that are around my kids everyday. How can this be in my kids best interest. Please help

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family_man
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Re: Need help now

Postby family_man » Sun Feb 23, 2014 7:27 pm

First read this page:

http://fightcps.com/2014/02/01/the-most-important-pages-on-this-site/

You really need to write your own Declaration of Facts, as described in the following document:

http://fightcps.com/2010/12/22/how-to-write-a-declaration-of-facts-to-submit-to-the-court/

Your declaration would be along the lines of what your wrote here, but proof-read it for spelling and grammar. Back your statements up with written evidence where possible. File the statement with your court.

For example, when talking about how your utility was cut off in the past, show copies of your current bill which show they are paid. When you talk about the scar on your daughter's leg, include a copy of the medical record which shows she's OK. Don't tell the doctor that she's now in state custody, or you might not be able to get the record. The same goes for the incident with the condom. You won't have any written evidence that it was your brother who took the nude photo, but if you swear that your statements are true to the best of your knowledge and belief, and have your statement notarized, it becomes admissible as evidence in court.

I want you to verify for me that the state now has assumed emergency custody of your daughter, correct? If so, you will soon be given the opportunity to stipulate to child abuse for the purpose of the CPS case. Many parents are subjected to extreme pressure to do this, and are told that this is the only way they will be able to get their children back. This is not true. If you have a strong enough case, and an attorney who will articulate it for you, you could prevail in the adjudication trial and get your daughter back immediately. Otherwise, you will have to go through a year's worth of hoop-jumping purgatory to get her back, and you may never get her back.

Do you have a court-appointed attorney?
Disclaimer: I am not an attorney, and this is not legal advice.

want2bfree23
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Joined: Sat Feb 22, 2014 1:06 am

Re: Need help now

Postby want2bfree23 » Mon Feb 24, 2014 12:02 am

The state a investigation and found no cause to take my kids my step mother went behind the stats back and got emergency custody of my kids we where never charged with anything. So the information should have not been given to her. And to answer your question my mother has helped me get a real lawyer not a court appointed one

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family_man
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Location: TX

Re: Need help now

Postby family_man » Mon Feb 24, 2014 10:45 am

I have never heard of a private individual taking "emergency custody" of a child. I would be surprised if such a thing is possible. What state are you in? If somebody else has heard of this, please post about it, as I could learn something new.

According to my understanding, only CPS (or whatever the agency is called in your state) can assume emergency custody of a child. Once that is done, CPS can then place the child in the care of someone else, often a family member. CPS retains legal custody while the family member assumes temporary physical custody. The parent then has to complete "services" in order to regain custody, first physical and then legal. This is what is commonly known as "jumping through the hoops." This is how things normally work. Very often, the legitimacy of the original claims of abuse are never critically examined in court.
Disclaimer: I am not an attorney, and this is not legal advice.

want2bfree23
Posts: 6
Joined: Sat Feb 22, 2014 1:06 am

Re: Need help now

Postby want2bfree23 » Mon Feb 24, 2014 4:36 pm

we are in ohio I talked with a supervisor at children services today she told me that this women in fact has no right to this information And is going to find out how she got it. I also would like to state that on her court papers she stated that she was my mother no adoption has ever been filed by her I was 28 when she married my father.She also put her signature on a paper that stated she did not know of any other cases pertaining to any of her statements witch I false because cs was investigating what are our chances to get her statements thrown out and my kids home now

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family_man
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Re: Need help now

Postby family_man » Mon Feb 24, 2014 7:43 pm

I will be perfectly frank here.

The fact that your mother-in-law (MIL) learned about the condom swallowing illicitly does not matter. What matters is that the incident was an accident, did not cause permanent injury, and that a doctor's report states that your daughter is fine now. That is what you should emphasize.

The fact that your MIL is neither your biological mother nor your adopted mother does not matter. She's a close enough relative for CPS to place your daughter with her and your bio-father. What matters is that there was no abuse of your daughter, so CPS has no cause to place her with anyone but you. This is what your should state in your written Statement of Facts, which I hope you and your private attorney are preparing.

Similarly, the fact that your MIL signed a statement which is not 100% factually correct does not matter, either. Stop trying to get your case thrown out on technicalities when your basic position is so strong.
Disclaimer: I am not an attorney, and this is not legal advice.

want2bfree23
Posts: 6
Joined: Sat Feb 22, 2014 1:06 am

Re: Need help now

Postby want2bfree23 » Tue Feb 25, 2014 4:27 am

I want to tell everyone that has had something like this happen to not give up hope. A friend of the family has read all the allegations on seen it was wrong he called his personal lawyer the best is this area and told him to take this case now. This friend also told this lawyer not to take a penny from us. This man is taking full financial responsibility to help us get the kids home. There are still people with hearts in this world

want2bfree23
Posts: 6
Joined: Sat Feb 22, 2014 1:06 am

Re: Need help now

Postby want2bfree23 » Wed Feb 26, 2014 3:42 am

hired a lawyer yesterday he feels we can get the kids home weather by getting it overturned or giving them a guardian at litem until court but he said they can come home he sees no reason why this women did what she did

want2bfree23
Posts: 6
Joined: Sat Feb 22, 2014 1:06 am

Re: Need help now

Postby want2bfree23 » Thu Feb 27, 2014 3:15 am

Update still waiting for the lawyer to get the paper work done the wait is killing us. I now have an internal investigation in children services to find out how my step mother got her information she tried to blame my real mother who didn't know anything until I showed her the court papers. This women is trying to tear us apart. We have been able to speak to the kids over the phone its hard all they ask is to come home. We are being fallowed around by my brother at my step mothers request to try and make us brake but we will not this #$$!@ wants this family torn apart when in fact it has brought us closer

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family_man
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Location: TX

Re: Need help now

Postby family_man » Thu Feb 27, 2014 5:22 am

I'm glad you're finally beginning to get the support your need. One small word of warning, however: My experience with guardian ad-litems is that they almost always go along with whatever the CPS caseworkers want. They're not the independent child advocates they're supposed to be.
Disclaimer: I am not an attorney, and this is not legal advice.


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