What happens if you disobey court orders?

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Lysander
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What happens if you disobey court orders?

Postby Lysander » Sun Oct 11, 2015 7:29 pm

The court (in Colorado) found my daughter to be dependent and neglected and ordered me to take a psychological evaluation. What happens if I don't do it? Do they only terminate parental rights, or do they ever issue bench warrants in such cases? I'm out-of-state (1,600 miles away) from the court. Thanks.

(I'm at a point where I'm ready to just give up and let them terminate parental rights, but I don't feel like going to jail. At the same time, I don't feel like signing a document to relinquish parental rights either, because I don't feel it's my place to be the one severing that tie.)

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family_man
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Re: What happens if you disobey court orders?

Postby family_man » Mon Oct 12, 2015 12:30 pm

I think you're giving up way too easily. By ordering you to take a psych eval, they're actually giving you a chance to reunify with your daughter. Psych evals are pretty painless, and relatively easy to "pass," with you looking perfectly "normal." Also, you're still a long way from a TPR. Why give up now?
Disclaimer: I am not an attorney, and this is not legal advice.

Lysander
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Re: What happens if you disobey court orders?

Postby Lysander » Mon Oct 12, 2015 3:41 pm

family_man wrote:I think you're giving up way too easily. By ordering you to take a psych eval, they're actually giving you a chance to reunify with your daughter. Psych evals are pretty painless, and relatively easy to "pass," with you looking perfectly "normal." Also, you're still a long way from a TPR. Why give up now?


I thought the way this process worked was that they keep your kid with a foster parent while you're doing the treatment plan, and then when you finish it, they say "In the time it took you to finish the treatment plan, your kid bonded with their foster parents. It would be cruel to rip the kid away from them and give him back to you, so we better instead let the foster parent adopt him"?

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family_man
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Re: What happens if you disobey court orders?

Postby family_man » Tue Oct 13, 2015 8:59 am

That's not the way it's "supposed" to happen. For example, in my case, the foster parents knew that they were only giving temporary support to our family. They already had four kids of their own, and didn't want any more. They didn't let my kids call them "Mom" or "Dad." They made it clear to them that I and no one else was their real Dad.

I'm not saying it's always like this. If CPS has already decided that their long-term goal is adoption, they may rationalize this by saying that the children have already "bonded" with their foster parents. However, they still have to prove their case to the judge in a full trial before they can terminate you rights. Of course, if you simply walk away and abandon your daughter, CPS will have an easy time proving their case.
Disclaimer: I am not an attorney, and this is not legal advice.

Lysander
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Joined: Fri Jun 12, 2015 8:15 pm

Re: What happens if you disobey court orders?

Postby Lysander » Tue Oct 13, 2015 4:23 pm

family_man wrote:That's not the way it's "supposed" to happen. For example, in my case, the foster parents knew that they were only giving temporary support to our family. They already had four kids of their own, and didn't want any more. They didn't let my kids call them "Mom" or "Dad." They made it clear to them that I and no one else was their real Dad.

I'm not saying it's always like this. If CPS has already decided that their long-term goal is adoption, they may rationalize this by saying that the children have already "bonded" with their foster parents. However, they still have to prove their case to the judge in a full trial before they can terminate you rights. Of course, if you simply walk away and abandon your daughter, CPS will have an easy time proving their case.


We already had a full trial. In Colorado, they do the trial at the adjudication stage. Is there another trial at the TPR stage? I know that the current caregivers, my parents-in-law, are 100% wanting to raise that kid. It seems like everyone and their brother wants to adopt her, which I guess can be chalked up to her extreme cuteness.

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family_man
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Re: What happens if you disobey court orders?

Postby family_man » Tue Oct 13, 2015 5:46 pm

The adjudication is to determine whether the state is justified to assume temporary legal custody of her. The next trial is to determine whether to terminate your parental rights, clearing the way for adoption. You have about a year to successfully complete your case plan. If you do that and can document it, your should get your daughter in the end. It should not matter how "bonded" she is to anyone else, or how "cute" she is.
Disclaimer: I am not an attorney, and this is not legal advice.

Lysander
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Joined: Fri Jun 12, 2015 8:15 pm

Re: What happens if you disobey court orders?

Postby Lysander » Sat Oct 24, 2015 4:25 pm

family_man wrote:The adjudication is to determine whether the state is justified to assume temporary legal custody of her. The next trial is to determine whether to terminate your parental rights, clearing the way for adoption. You have about a year to successfully complete your case plan. If you do that and can document it, your should get your daughter in the end. It should not matter how "bonded" she is to anyone else, or how "cute" she is.


Could she end up in a limbo/never-neverland in-between state of there being a preponderance of the evidence, but not clear and convincing evidence, that I pose a risk to her, so that state jurisdiction would just continue for years?

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family_man
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Re: What happens if you disobey court orders?

Postby family_man » Tue Oct 27, 2015 7:47 pm

This is an interesting question. I'm sure you realize that TPRs require clear and convincing evidence, whereas it only take a preponderance for the state to assume temporary legal custody.

You should have been given a case plan. This plan was formulated by the state, negotiated with you and approved by the judge. Every item in the plan should be clearly defined and measurable. There should be no question whether you have completed the plan or not. If you do complete the plan within your allotted time, the state agrees that you are no longer a "threat," because it was specifically formulated for this very purpose. The state cannot move the goal posts in mid plan without judicial approval. Your goal at this time is to complete your plan and document it. Doing so will demonstrate your qualification and safety as a parent. Also you do not have to be parent-of-the-year. The standard is minimally acceptable parenting.
Disclaimer: I am not an attorney, and this is not legal advice.


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