MY STORY AND 3rd Pary Custody

For those concerned about children and parents in CPS cases.

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screaminc
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Joined: Thu Aug 20, 2015 1:20 am

MY STORY AND 3rd Pary Custody

Postby screaminc » Mon Jan 11, 2016 1:50 pm

If you can prove exigent circumstances you can apply for 3rd party custody and also file a Habeas Corpus to immediately tell DFCS to kiss off. Because they will have to prove their reason for removing the child, be sure to have your facts and evidence ready to prove. Check out my website: http://WWW.SCREAMINC.ORG

DFCS HAS RIPPED MY GRANDSON AND I APART, AND THE PAIN IS UNBEARABLE!

This website, by far has the best resources, but I have some other links for the legal side of things for both federal and state, and coping with this crap.
posting.php?mode=post&f=103#
The minor was removed from the home on January 20, 2015, by ----------, DFCS Family Preservation worker, who used improper seizure and search tactics by asking the MGM to send an audio recording of the minor being questioned, not coerced about allegations he made. Teresa asked for the file to be emailed to her with the intention of using it to remove the minor. At the preliminary hearing on or about February 5, 2015; the judge decided to merge the Termination of Guardianship with the Dependency Removal Order citing Boddie vs. Daniels.

The SAAG for DFCS, and ----------, Attorney for the BM aggressively attacked the judge to terminate the guardianship without even hearing the matter. The judge adamantly rejected their request, and an influx of unethical events followed. A total of 3 hearing were continued without valid reason.
The judge to made a verbal ruling on May 22, 2015 which adjudicated the minor as dependent by way of a Stipulation to Facts prepared by opposing counsel and signed by all parties accept for my former attorney. The BM was never cross examined on the document, nor was the contents thereof shared with the rest of the court. The judge also accepted the Georgia Safety Plan, which was not violated, and terminated the guardianship. The minor remained in foster care, opposing counsel asked for Change of Venue, along with the Termination of Guardianship and Adjudication to Dependency. The judge waited until the end of September to sign the Adjudication to Dependency and Change of Venue to Lowndes County. If the Termination of Guardianship and Adjudication to Dependency were contingent upon one another under the Best Interest standards, then how is the order valid? The judges actual words were, “Let’s send it to Lowndes County and let them deal with it!”

At the Disposition Hearing on June 19, 2015 the GAL, ------ and the minor’s attorney, ------- stated DFCS was not very hands on with the case. Further the minor was more unsafe once Lowndes County took over because his new foster care worker was 5 hours away, and never responded to any safety issues and skipped 2 well child visits for the minor. A conflict of interest occurred when it was learned that the Lowndes County foster care worker is friends with the BM’s partner, --------, as they were former coworkers.

I have not seen my grandson since our last supervised visit on August 25, 2015. The minor left foster home #3 ------- on December 17, 2015 pursuant to a Lowndes County court orders made on December 15, 2015 which allows the minor to be his mother’s physical custody. While at Mrs. -------’s home, I had to conceal my supervised verbal contact with the minor from both my daughter and DFCS, to prevent forfeiting my daughter’s unsupervised visits. Due to the accusations against me in and out of court, Clarke County DFCS has judicially and verbally passed erroneous information to Lowndes County; for which they have continued to implement an unlawful restraining order, creating parental alienation between the minor, my daughter and myself. Now that he is placed with his mother; my grandson, biological mother, her partner, ---- ----, and myself have had to conceal ALL verbal contact made between us to prevent a repeated removal back into foster care, and due to the toxic relationship between my daughter and I.

While DFCS has accused me of improperly questioning my 6 year old grandson, and over-reporting the allegations he made to me; DFCS on the other hand are guilty of failure to report at least allegations of sexual abuse which occurred while in foster care, placing the minor in a known foster home where prior sexual abuse had occurred, not exploring all available safety options during placement, which caused removals into 3 alternate foster home placements.
Amidst those reports of sexual abuse were reports of physical abuse where the minor was whooped and dunked, pinned down and forced to receive immunizations, repeated threats that he won’t see myself or my daughter if he spoke of safety issues, failure to provide counseling for unsafe events, punched in the mouth by his foster mother, missing on the 1st day of school, and as recent as December, two car accidents, beat up at school, and getting off the school bus to a friend’s house. The minor was unlawfully placed in foster care with the absence of exigent condition, and DFCS didn’t provide counseling for the minor until his supervised visits with me ended on August 25, 2015. Further, DFCS have failed to report and investigate all safety events which have occurred while in foster care, by not implementing the protocols in place to escalate placements relating to child sexual abuse to the DFCS Special Investigation Unit, filing a police report.

The overall case was no more than an unlawful interference with custody by way of a dependency petition filed in lieu of a petition to terminate the guardianship, which violated the plaintiff(s) due process rights by converting the dependency petition into a dependency removal order, with an unsound Georgia Safety Plan which stated, “Ms. ------ will contact the child’s counselor before subjecting him to anymore physical exams and forensic interviews. The minor only had (2) physical exam, and one forensic evaluation for the multiple allegations made, and I am not a doctor or professional forensic interviewer as determined through expert testimony.

Although the minor has been placed with his biological mother, he is now exposed to emotional and mental abuse due to his separation from his MGM, lack of child care, arguing and fighting between his mother and her live-in partner; who’s a functioning alcoholic, which they’ve both confirmed, and the girlfriend refuses to provide childcare for the minor while the BM works; causing her to leave him with random coworkers or friends she doesn’t really trust.

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LindaJM
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Re: MY STORY AND 3rd Pary Custody

Postby LindaJM » Wed Jan 20, 2016 1:13 pm

I read this entire thing, and wish you would put into plain language what's going on. I take it you were a grandmother with custody of a six-year-old who was taken by CPS and later placed with his mom. The mom has a partner (female partner?) and you're concerned about the well-being of your grandson? Is that right?

Ideally the child should be with his mom or dad. Why exactly do you think he shouldn't be with his mother?

I think it would be best to try to get along better with your daughter... and leave the courts and CPS out of it.
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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 ...


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