Important Updates Temporary Guardianship;***Means update

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seewitch1969
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Joined: Sun Apr 10, 2005 1:48 pm

lawyer says not important

Postby seewitch1969 » Tue May 31, 2005 7:34 am

Hello All,
I have a question about gaurdeianship, I had a noterized gaurdenship paper when CPS came to take my boyfriends daughter. She was allowed to stay with me for 7 days after CPS came to his home to remove her. I moved to another location and CPS was incontact with me daily. I have CPS reports saying that she is considered safe with me. When another county retained jursdiction she was moved to that county. The case worker lied to me and said there was a no contact order. The public defender says that it does not matter that she was in my custody when the other county took her, and the gaurdienship from the father has no merit. Does anyone know if the lawyer is just saying what is best for his client (the father)? The father wants custody and so do I.

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Dazeemay
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Postby Dazeemay » Tue May 31, 2005 7:46 am

Let me see if I understand this correctly.

The daughter of your boyfriend is the father of the child you want to take custody of is that correct?
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

seewitch1969
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Postby seewitch1969 » Tue May 31, 2005 7:52 am

That is correct. My boyfriend of 5 years is her biological father. Her mother died in November 2004 and she has no relatives to take her. She has told everyone that she wants contact with her father and she did lie about sex abuse. But she also tells them that she wants to live with me and for me to custody of her.

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Dazeemay
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Postby Dazeemay » Tue May 31, 2005 8:08 am

As far as my research has been I have found nothing about temp guardianship stating when it is null and void. With temp guardianship the parent can take the child back anytime they want to. The parent cannot go over the six months without doing another temp guardianship.

Court order guardianships have restrictions.

If the father wants his daughter back that is his right whether the child wants to go with you or not. This is his right and you have no further rights.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

seewitch1969
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Joined: Sun Apr 10, 2005 1:48 pm

Postby seewitch1969 » Tue May 31, 2005 8:23 am

I understand your point and agree with you. However, untill CPS is finished tearing his life apart she should not have to remain in foster care. I dont have a problem signing her back over to him when the danger of foster care is over. I feel that it would be better for the father and child to place her with someone who loves them both and has not decied his guilt before he gets any charges. I believe that 6 months is too damn long for CPS to keep her away from her family. By family I mean her father and I considering that her mother is dead. I have not found any research that would support the father's lawyer opinion that my having gaurdinship is not important. The father agrees with me at this point. He just wants her out of foster care. If anyone knows the law in Florida please help.

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Dazeemay
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Postby Dazeemay » Tue May 31, 2005 12:59 pm

Sorry I didn't understand your post

I didn't know she was in foster care. This last post explains it better.

This is complicated to say the least.

Did he sign her over to you before cps or after. If after it is no good.

Before the lawyer is wrong. You have the right and so does your boyfriend. If it is notarized by law as far as I can see they cannot take the child. But, you are going to have to fight them now.

Sorry I have been gone all day needed to get out of the house for awhile. I would call someone in family law practice or legal aid and see if you can get an answer. Meanwhile I will see what I can find out also.

I need to know as much as you do so that we can keep advising parents.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

seewitch1969
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Joined: Sun Apr 10, 2005 1:48 pm

Postby seewitch1969 » Wed Jun 01, 2005 6:08 am

Thanks for your response. The paper was signed and notirized 2 months before she was removed from her father. The CPS investigator saw the paper when he came to remove the child. He left her with me. But "Child Net" in Broward Count retained jurisdiction over the child from when she had been given to the father. Child Net refused to reconize me and put in court documents that she was in foster care in Putnam County. When in fact she was resideing with me and considerd safe by CPS investigator. I have only been allowed 1 supervised visit in 6 months. The father has only saw her 1 time at court, she ran to him and hugged him. There are no alligations against me, but when I requested documents as to homestudy and background checks done on me they refused stateing that "an alleged perpatrator, that is not a parent cant have documents relating to dependency.

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Dazeemay
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Postby Dazeemay » Wed Jun 01, 2005 8:32 am

But "Child Net" in Broward Count retained jurisdiction over the child from when she had been given to the father


Okay, why did they have the child before they gave her to her father?
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

seewitch1969
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Joined: Sun Apr 10, 2005 1:48 pm

Postby seewitch1969 » Wed Jun 01, 2005 8:46 am

The mother was incarcirated or in mental instatutions many times. The mother moved from state to state to avoid being arested, and to punish the father by with holding visitation. Atleast 4 times the child was placed with grandparents and returned to mother when she got out of jail. The mother also sold 4 other children. The last baby she was selling in 2004 was born early and was addicted to coke. At this point the father was finally conciderd for custody. Only the first child belongs to this father. Both children were given to respective fathers. Child Net, I believe just wants the money for a special needs child, but lawyer says cant have change of venue. The mothers father was DEA and held in high estem by police so given placement options over the father. Not fair but the way it has always been in this case. Now grandfather does not want custody of the child. He would prefer her to go to "Youth Ranch" until she is 18. Hope this can help you to understand its a mess.

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Dazeemay
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Postby Dazeemay » Wed Jun 01, 2005 9:41 am

That's what they want is the moneyOnce they are under cps guardianship does not work.

How :cry:
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

seewitch1969
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Joined: Sun Apr 10, 2005 1:48 pm

Postby seewitch1969 » Wed Jun 01, 2005 9:44 am

I was hoping that since I had it when they took her it might. I thought they had to be in danger for the state to take them. But I dont know how to make them follow there own rules.

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Dazeemay
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Postby Dazeemay » Wed Jun 01, 2005 10:01 am

None of us know how to make them follow their own rules.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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LindaJM
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Following their own rules

Postby LindaJM » Sun Jun 12, 2005 6:04 pm

To make them follow their own regulations, file an administrative hearing request and make a big friggin' deal of it. This should give them a few black marks on their record and alert the big-wigs in the state capitol about what's going on.

Also don't forget to write to the county personnel department to report the workers' errors. This may keep them from ever being promoted.

They might even get demoted.............

Linda
Sample Document Library

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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Dazeemay
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Postby Dazeemay » Thu Jun 16, 2005 6:43 pm

Bringing this to the top to add new information


***I have been struggling with this fact and have found some answers. If you sign over temp guardianship to someone be sure you can trust them and that CPS cannot get to them to change their minds. I am sorry for this but, I have searched and searched for answers and could not find any clarity on this until now. A person who has temp guardianship can change their mind and go to court to get custody of your child/children. They can file a non-custodial law suit for one thing.

It is so sad that we even have to careful in this regards. However, if it came down to it who would you rather your child/children be with. At least if you had to battle a relative etc and you knew they were a good relative it is better than being in CPS hands.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

plrgrl
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Postby plrgrl » Thu Jul 07, 2005 5:50 pm

Dazzeemay,

I am once again concerned about the information you are providing regarding guardianship.

I am a CPS worker in CA and want to tell you how it works here so that parents are adequately informed.

The temporary guardianship that you are referring to is also often referred to as Power of Attorney-this allows the designated adult to secure medical and educational care for the minor. It is good for every parent to have a Power of Attorney for their kids just in case of an emergency. It can be rescinded at any time by the parents. The links that your provided offer some good forms to use and it only costs a minimal amount to have a few copies notarized for your records.

In CA, temporary guardianship is ONLY granted through Probate Court The interested party files the required paperwork (expensive, usually over $200.00) and a temporary guardianship hearing is scheduled, usually within a week or two. At that hearing the judge can issue temporary guardianship to the petitioner if they feel there is enough evidence to warrant it. Then, an investigator (not CPS) is assigned through the court to interview all involved parties and a permanent guardianship hearing is scheduled a few months out. The Court Invetsigator drafts a report with a recommendation to the court. If temporary guardianship is ordered at that first hearing, the guardianship is considered temporary until ordered permanent at the final hearing.

If a CPS worker or law enforcement official feels that the minors are at risk at any time while with their caregiver (note that I say caregiver, not just parent or guardian), they can be placed into protective custody, which means either placement with a relative or in foster care. Absoluetly no legal paperwork is going to protect a minor who is at imminent risk of harm.

However, if there are parents who are in a concerning situation and present to the worker that they have relatives or trusted friends that the minor can reside with and they have already signed over Power of Attorney (or temporary guardianship as you call it), this may seem like a viable option for the worker in order to assure the safety of the child. I know that as a CPS investigator, I commend parents for coming up with this alternative before I suggest it. I've also seen parents who were facing a lengthy jail sentence who agreed to guardianship with a relative/friend so that their children would not have to become dependents of the court.

But what people really need to know, is that Power of Attorney (or temporary guardianship) is NO LEGAL GUARENTEE that your children are safe from removal by CPS or law enforcement.

I know from previous posts that your atty. suggested this when your daughter was dealing with CPS and I'm sure that you value this recommendation. Most likely what prevented the removal of the children from your care was that there was no evidence that you presented any risk to the kids and it was determined that they were safe with you.

I just worry about parents having a false sense of security with your information. Power of Attorney is a very informal process that can be helpful when dealing with an investigation, but it by no means gives you full, complete protection from a removal.

I didn't post this to insult you in any way, I'll let people come to their own conclusions.

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Dazeemay
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Postby Dazeemay » Thu Jul 07, 2005 6:59 pm

I am once again concerned about the information you are providing regarding guardianship.
Sorry, I don't remember you being concerned before. Somewhere I missed that in your posts. I will go back and read what you had to say in this regards

I believe that we are hung up on semantics here.

You can present this guardianship notarized form and they cannot take your child/children without a court order.
Right there I said they can still take your child/ren with a court order. But, I am just determined enough that I would have several of these made out and when one temp is being threatened then I would have another one backing that one up. Maybe my children would go from home to home but it would be a home of my choosing.

The temporary guardianship that you are referring to is also often referred to as Power of Attorney
This is where we have the semantics problem. We are saying the same thing; however I can change that to Power of Attorney but I will research it out before I do. I have talked to some lawyers and some say power of attorney; some say temp guardianship; one said it didn't make a difference how you said it.

If you go down and read further I stated how to do a revocation or rescind....again semantics.

If you read my last entry I do explain that if you go to court to do this what all of the legalities are...guardian ad litem is appointed etc.

But what people really need to know, is that Power of Attorney (or temporary guardianship) is NO LEGAL GUARENTEE that your children are safe from removal by CPS or law enforcement.
I will make that more clear;thank you for that input.

But they still have to do it by court order and the minute you thrust that notarized copy in their face they are breaking the law by not doing a court order. This would be a provable law they are breaking not just a constitutional amendment that has to be fought out in court. I don't think cps wants to do that.

Thanks for your input. I will consider and reword some things you pointed out.....but, I do not see too much difference in what we are saying.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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Dazeemay
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Postby Dazeemay » Thu Jul 07, 2005 10:08 pm

I know from previous posts that your atty. suggested this when your daughter was dealing with CPS and I'm sure that you value this recommendation. Most likely what prevented the removal of the children from your care was that there was no evidence that you presented any risk to the kids and it was determined that they were safe with you.


No, the children were not with me. They were 2500 miles away in a western state with their mother.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

Michael
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The real question is?

Postby Michael » Mon Aug 01, 2005 5:43 am

Who has actual physical pocession and control of the children. You can have a legal TMC inplace but still have the children at your home and then can be removed based on your home. Where the child is physically living is the real question.

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Dazeemay
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Postby Dazeemay » Mon Aug 01, 2005 12:22 pm

Michael,

You can have a legal TMC inplace but still have the children at your home and then can be removed based on your home.


A temp custody means that if a parent should for some reason or other be incapacitated they can use the temp guardianship for the protection of their children.

Mother gets sick and an ambulance comes to get her then she has the legal document to say where the children should go.

If cps walks in their door uninvited they can then send their children to the guardians because it is a legal notarized document.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

Michael
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Location: East Central District

Interesting but inaccurate

Postby Michael » Mon Aug 01, 2005 8:32 pm

There is an interesting chain regarding this subject. BUT, if a CPS worker is at the house and the parents and the child are there then no matter what papers have been signed the parent is the one legally responsible for the care of the child. If a removal became necessary then the parent would have to sign a out of home placement with the statement that it will not be cancelled during the CPS case or possible removal becomes an option.

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Dazeemay
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Postby Dazeemay » Tue Aug 02, 2005 4:48 am

CPS is not the law. You only have rules that you go by deceitfully.

If a removal became necessary then the parent would have to sign a out of home placement with the statement that it will not be cancelled during the CPS case or possible removal becomes an option.
says your rules. This is not law

Only if it is court ordered does a parent have to sign anything. You all keep insisting on forgetting our constitutional and amendment rights.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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Chaco
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Postby Chaco » Wed Aug 17, 2005 2:17 pm

Dazeemay wrote:CPS is not the law. You only have rules that you go by deceitfully.

If a removal became necessary then the parent would have to sign a out of home placement with the statement that it will not be cancelled during the CPS case or possible removal becomes an option.
says your rules. This is not law

Only if it is court ordered does a parent have to sign anything. You all keep insisting on forgetting our constitutional and amendment rights.



YOU GO DAZEE!!! :D

This is too funny. I noticed Michael didn't dispute what you said in this post, :lol:

He could have posted a "LAW" that backed his statement up, but he couldn't. HOW TYPICAL! The sad part here is that CPS workers are trained very well in intimidating people. Too bad they aren't trained as well in spotting REAL ABUSE!

Chaco
My thought for the day.........
CPS workers are like Slinkies

Not really good for anything, but they still bring a smile to your face when you push them down a flight of stairs.

laur75
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Postby laur75 » Mon Aug 22, 2005 8:16 am

I just wanted to say that I have the temporary Guardianship in place and I made sure my daughter was living with her grandparents just because I knew if she was still with me than CPS would probably come to my door and try to take her. I think in signing the guardianship you are saying the child is actually being cared for by the guardian, not yourself. That is how I read it. It says the guardian is providing housing, food, etc. If they are not living with the guardian than it is really just a lie.

Laurie

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DesertSkye
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Postby DesertSkye » Mon Aug 22, 2005 5:01 pm

The one I have seen says the guardian has the AUThority TO MAKE DECISIONS REGARDING housing food clothing medical not that they are actually living with them

It just gives them the same authorities as the parent without changing the parents rights

and if someone is smart enough to have this in place and cps comes knocking
they aren't going to be dumb enough to let them in
they are going to call the guaridans say come get the kids(s)
and then talk to cps

Also, if this doc is in place and dated .......even if CPS manages to get their hands on the kids
and the guardians show up
CPS has to give them the kids because they had guardianship over the children before CPS walked into the picture

The judge told us whoever has the date first is what matters
if i had done this my daughter would be with my parents right now instead of in foster care in a group home
( we did it with my older daughter after CPS came into our lives and took my younger daughter)

This is what we were told when we did it
Its a good thing to have in place for anyone with kids
if you die in a car wreck on the way to work etc tomorrow
your kids would be placed with who you want them with


Anyway, hope that helps.......
We live seperately form my parents and they are co-guardians
A wretched soul, bruised with adversity,
We bid be quiet when we hear it cry;
But were we burdened with like weight of pain,
As much or more we should ourselves complain.
William Shakespeare

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DesertSkye
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Also bob on that comment of defending our rights

Postby DesertSkye » Tue Aug 23, 2005 8:28 am

Michael, the guy dazeemay made that comment too

IS A CPS WORKER

And he was saying that if someone did this they had to sign some kind of papers with CPS in order for it to work

Dazeemay was saying...those our your rules, not the law

and no one has to sign papers coming from CPS unless ordered to do so by a judge

Thats all she was saying.......

Her granddaughter, my daughter , were taken by CPS under false allegations and she is fighting them like h*** to get her back


so she knows full well about defending the innocent
they won't even let her aqnd my dad have contact with my daughter and there are no allegations against them only me

and they did the home study, background check, etc etc and passed..........

So dazee 's rights are being violated as well
A wretched soul, bruised with adversity,

We bid be quiet when we hear it cry;

But were we burdened with like weight of pain,

As much or more we should ourselves complain.

William Shakespeare


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