Law would let courts restore parental rights

Apr 5, 2007 | Posted by: roboblogger | Full story: Nevada Appeal

“I feel strongly that we do not go down that road, I would hate to see a circumstance where a parent is, for example, in prison and is sending petition after petition through the courts trying to regain parental rights, disrupting the child's life”

Measure gets unanimous approval from Assembly Judiciary Committee Cathleen Allison/Nevada Appeal Clark County Family Court Judge Gerry Hardcastle, left, and Nevada Assemblywoman Susan Gerhardt, D-Henderson, ... via Nevada Appeal

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141 - 160 of 189 Comments Last updated Jul 17, 2014
I_Feel_Your_Pain

Sterling, CO

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#146
Mar 26, 2013
 
GA Coalition wrote:
Termination of Parental Rights (TPR). If the judge orders the termination of your parental rights, you have no rights to your children. They are no longer legally your children. Once they are adopted by another family, they are legally theirs. A TPR is serious because you will not be able to get your children back afterwards.
This is not true, even though you were terminated your rights, you still have grounds for an appeal, even after TPR. I have seen cases go as far as the Supreme courts only to get reversed there. I've researched case law and am a law student and have attorney friends. I say never give up on your children.


Are any of you well versed in doing appeals? I had my rights terminated to my daughter in June 2012, she was 2. My public defender appealed the decision and the Colorado Court of Appeals upheld the district court's decision. The termination was based on a treatment plan that the DHS said was unsuccessful; however, the judge also said that it didn't matter who's fault it was that the treatment plan was not successful. I did everything that was asked of me, and the parts that I did not complete were due to the Department not expanding visits, etc. They also said my daughter and I did not have the bond they wanted (that of a primary care giver), but that type of bond is not possible when you only see a child 4 hours a week, and they had taken her when she was 3 months old due to a referral they received from someone in another state. She was fine when they took her, and this was confirmed by the battery of test they ran on her trying to find some sign of abuse or neglect. My husband has a conviction for child abuse resulting in injury in 1998 in WV. I have since left my husband and have been maintaining my own residence since Sept. 2013 in hopes to bring home my infant son that was born in July 2012 (after the case with my daughter was closed), and was taken from me at the hospital.

Please, if you or any of your friends are able to help me I would really appreciate it. I just want my babies home with me where they belong. I love them and can provide for them better than my husband's 1/2 sister that lives in OK. The DHS here in CO just took my daughter out of the foster to adopt home that she has been in since Aug. 2010 and gave her to this woman she has never even met, even though the foster parents were wanting to adopt her (and were going to allow me to be a part of her life). Please help me help my daughter. I do not see how this can be in her best interests. Please, Please, Please HELP ME!!!!
From Scripture

Macon, GA

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#147
Apr 1, 2013
 

Judged:

1

denise wrote:
disrupting the childs life? there never should be a thing called adoptions God never made this law and he gives kids to whom they belong if the parents need help to be bette rparents then get them help never take a child from their mother noone has tht rite if you do God will judge u
Have you read the Bible in its entirety? Matthew 18:5-6
King James Version (KJV)
5 And whoso shall receive one such little child in my name receiveth me.
Psalm 68:5-6
King James Version (KJV)
5 A father of the fatherless, and a judge of the widows, is God in his holy habitation.

6 God setteth the solitary in families: he bringeth out those which are bound with chains: but the rebellious dwell in a dry land.
Random Helper

Dunedin, FL

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#148
Apr 2, 2013
 
Dear Chrissy,
About the only thing you can do (because they will take your child when it's born) is move out of the state your rights were terminated. Also tell no one that your rights were terminated for a previous child.

Since: Apr 13

Sterling, CO

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#149
Apr 6, 2013
 
I live in Sterling, CO, and I believe Logan County CPS abuses their power for taking children. A 1/2 sister-in-law who lives in OK and has not had contact with myself or my husband since 2005 found us on the internet, called and made a complaint. The complaint could not be substantiated, so CPS kept my daughter in custody only allowing us to see her 4 hrs per week. When we went to court the CPS worker stated that there was no bond between my daughter and I, stated that it could not be developed, and requested termination on that ground as well as on grounds of previous terminations in other states dating back to an incident involving my husband in 1998. After termination, the CPS called my doctor (I was pregnant), and had it placed on my pre-natal records that the hospital was to contact Logan County CPS before my son was born. They then kept him from me for 24 hours after he was born even though my plans were to breast feed him. Eventually he was allowed to be in my hospital room as long as a nurse remained in the room with me at all times. Now I am fighting to get him home, and they have removed my daughter from the Foster (To Adopt) Parents she had been with from August 2010 till March 2013 to place her with the 1/2 sister-in-law in OK that started the entire mess. I have no convictions for abuse and I no longer live with my husband. I am in the process of filing separation, and want to get my daughter back home before an adoption can occur. Could someone help me PLEASE!! I don't have the money to obtain an attorney to try to help me. I love my baby girl and want her home with me where she belongs. I have provided everything for my daughter while my rights were in tact and I was permitted to, and I still currently provide everything for my son. PLEASE HELP ME GET THEM HOME WHERE THEY BELONG!!!!
Suzanne

Kalamazoo, MI

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#150
Apr 13, 2013
 
I gave my sons great grandparents(fathers side) temporary guardianship in 2007, they said it was necessary because they wanted to take him on a family trip out of state. I was not even aware of what a guardianship meant, when they returned I went to get my child who was one year old at the time, I was refused and told to contact the great grandparents lawyer. I have no criminal or sexual abuse history, not even in my extended or immediate family. I had always been close to the family before I had no reason not to trust them so I was very shocked when they tried to keep my child. I was informed that when they had returned from the trip, they filed for a full guardianship and claimed I had abandoned my child. I was working two jobs while the grandparents were babysitting previous to the incident, never did I ever abandon him. I was told by the courts to do as the grandparents asked for visits and they would have no reason to not return him to me. I tried that for 2 years, with empty promises of reunification and lame excuses. I had enough, I went to the court and filed to modify the guardianship in 2009, the judge didn't even let anyone speak, sent us directly to mediation. Grandparents again claimed I abandoned my child and were now saying I was inconsistent with my visits, this was not true. We had three meditations in 9 months, all I got was two visits a week, which is all I get still. Sadly his father died in 2011, making the transition nearly impossible(another reason to keep my son longer). By this point I have had another child who I care for solely. I obtained all court documents regarding my case, started asking a lot of questions and being very proactive. I pushed the issue of my sons return again in spring of 2012, during a conversation with the grandparents I informed them I would hire an attorney and that I had been patient enough. Two weeks after that conversation with the grandparents I get a knock on my door, it's a police officer. He is there to inform me I am being accused of sexual abuse. I was so disgusted, this is low and very common I hear in cases. Then I was cut off for 6 months, no phone calls,so I started writing certified letters to grandparents and courts involved. I would show up for visits to an unanswered door. I would photograph myself in front of their home everytime I was denied a visit, I made two police reports for other instances that they were home and refused to let me see my son. I document and record every attempt to make contact with my child and grandparents. I have been documenting for almost a year. I have hired my second attorney who is passionate about my case. The grandparents are forcing me to have supervised visits in their home with my son I DO NOT HAVE SUPERVISED VISITS FROM THE COURTS. The courts won't listen, the police won't listen. I have been contacting organizations and government officials recently and am drawing some attention to my case. The fact is I still have legal custody. I had a termination of guardianship hearing on march 20th 2013, the judge only gave us 15 minutes of his time. Again I did not get to speak, the lawyers got to speak briefly. The judge seemed confused about the matter and apparently had not taken the time to read the case file. He again sent us to mediation. That mediation is monday april 15th. Following that will be a hearing in which the date is not set yet. My question is, how can this still keep happening? What else can I do to ensure my son WILL be returned to me....case law is good, but I want something better, does anything like that exist?
Suzanne

Kalamazoo, MI

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#151
Apr 13, 2013
 
....To go along with my last post, all allegations were considered to be false when it came to abuse. I am in college with 3.83 GPA going for a teaching degree, I work in an office and self sufficient and an independent person. Never had a mental or drug issue in my life, how else do I prove I am fit for my son, when I have another child that I am considered perfectly capable of taking care of....
How do I terminate an necessary guardianship?
Suzanne

Kalamazoo, MI

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#152
Apr 13, 2013
 
Conccerned Mom wrote:
I live in Sterling, CO, and I believe Logan County CPS abuses their power for taking children. A 1/2 sister-in-law who lives in OK and has not had contact with myself or my husband since 2005 found us on the internet, called and made a complaint. The complaint could not be substantiated, so CPS kept my daughter in custody only allowing us to see her 4 hrs per week. When we went to court the CPS worker stated that there was no bond between my daughter and I, stated that it could not be developed, and requested termination on that ground as well as on grounds of previous terminations in other states dating back to an incident involving my husband in 1998. After termination, the CPS called my doctor (I was pregnant), and had it placed on my pre-natal records that the hospital was to contact Logan County CPS before my son was born. They then kept him from me for 24 hours after he was born even though my plans were to breast feed him. Eventually he was allowed to be in my hospital room as long as a nurse remained in the room with me at all times. Now I am fighting to get him home, and they have removed my daughter from the Foster (To Adopt) Parents she had been with from August 2010 till March 2013 to place her with the 1/2 sister-in-law in OK that started the entire mess. I have no convictions for abuse and I no longer live with my husband. I am in the process of filing separation, and want to get my daughter back home before an adoption can occur. Could someone help me PLEASE!! I don't have the money to obtain an attorney to try to help me. I love my baby girl and want her home with me where she belongs. I have provided everything for my daughter while my rights were in tact and I was permitted to, and I still currently provide everything for my son. PLEASE HELP ME GET THEM HOME WHERE THEY BELONG!!!!


I contacted childrensrights.org I believe, look up a guy named John Tuinstra, he has a lot of info on CPS abusing their power. He informed me the government gets grants for every child removed from the home, it's truly sick, that they will tear your family appart to meet a quoata and have job securities. CPS has no shame, is corrupt and does not always do whats right.
Victoria Willoughby

United States

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#154
Apr 22, 2013
 
My rights to my children were terminated On August 24, 2011. When DFCS in the state of GA came into my house I was suffering from post pregnancy depression and My house had gotten messy. My children were clean and so was their bedding. I fought for over a year trying to get my children back. The case plan was changed three different times. So everytime I would get close to finishing a case plan they would change it. The Cook County DFCS even went as far as telling me that If me and my husband split up I could regain custody of my children. I left my husband and instead of returning my children they went and got a non reunification order from the courts. Me and my husband figured out that we had to work it out and stick together to fight CPS. I am devistated because I was unable to file an appeal and really want to be able to see my children. They claimed that there was no bond with my children after only giving me an hour a week to spend with three children. The final straw which sent me overboard was when My daughter was born three days after this happened. They came into florida and took her from me she was only three days old. when I contacted them about seeing her they told me visitation would not be scheduled because they were just going to TPR my rights to here also. I feel like my children were stolen from me and I would give anything to have them back. Is there anything that I can do.

You can go back and get copies of all the court documents. Look for fraud. There is no time limit on fraud and jurisdiction or due process. Due process is you constitutional rights. Fraud can be proven if foster family and atty or judge or dfcs are related or
friends or assoc with the court psych and that sort of thing. Research everyone involved in your case on facebook and everywhere
else. Do background checks. Find something. Then have an attorney file for a new trial on new evidence.
Ardel

Valdosta, GA

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#155
May 13, 2013
 
GA Coalition wrote:
Termination of Parental Rights (TPR). If the judge orders the termination of your parental rights, you have no rights to your children. They are no longer legally your children. Once they are adopted by another family, they are legally theirs. A TPR is serious because you will not be able to get your children back afterwards.
This is not true, even though you were terminated your rights, you still have grounds for an appeal, even after TPR. I have seen cases go as far as the Supreme courts only to get reversed there. I've researched case law and am a law student and have attorney friends. I say never give up on your children.
Hello My name is Ardel. In 2010 my parental rights were taken and my to daughter's were adopted. I thought that there was absolutely nothing I could do to get them back. I have been reading and doing some research and made many of phone calls. I heard from sources there is nothing I can do. Then I came upon your post and it gave me hope. I also heard that once your rights are taken there is an amount of time you have to file an appeal to get your rights back. I don't know what that time is. Id give anything to get my children back and if you can give me any information please I beg you can you give it to me? My e-mail is ardel365@gmail.com Thank you.
Ardel

Valdosta, GA

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#156
May 13, 2013
 
By the way it's out of the State of Florida.
jevon

Aurora, CO

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#157
Jun 1, 2013
 
tabitha larimore wrote:
my husband and i are about to lose our rights to our children. they(cps) are taking the kids because of lack of socialization and isolation. they gave my family no chance at getting custody of them. we need help, cps is out of control!
you need to move and fast . Go to a state like co were cps is not a contract . Inform them when u get in the state have it moved . Or you will lose them . To cps your kids are a pay check .
desperate mother

Carrollton, GA

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#158
Jun 2, 2013
 
GA Coalition wrote:
Termination of Parental Rights (TPR). If the judge orders the termination of your parental rights, you have no rights to your children. They are no longer legally your children. Once they are adopted by another family, they are legally theirs. A TPR is serious because you will not be able to get your children back afterwards.
This is not true, even though you were terminated your rights, you still have grounds for an appeal, even after TPR. I have seen cases go as far as the Supreme courts only to get reversed there. I've researched case law and am a law student and have attorney friends. I say never give up on your children.
Is this true im fighting for my boys in georgia the tpr just was granted what should i do i already filed for an appealwhat else van i do ?
concern new father

United States

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#159
Jun 6, 2013
 
I really need to know;if a woman lose her parental rihgts three years ago,and her kids were adopted by her mother and she moved and three years later is now pregnant can DCF take the newborn or interfear because of her past case ?
concern new father

United States

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#160
Jun 6, 2013
 
Concern new Fathe|friday,june 7th
the comments I last posted,her parental rights were taken in port st lucie,she's now been in miami for three years,she has contact with the kids praise God thay were adopted by her mom.
someone please put my wondering heart,mind,and soul to rest.when it comes down to my family DCF can prepair for WAR. Ladies always remember [ Isaiah 54:17 ];No weapen formed against u shall prosper.
Jerrod

Orlando, FL

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#161
Jun 8, 2013
 
I was served with a document that my exwife wants my parental rights taken from me and wants her new husband to adopt my daughter. what can I do?
tiffany jones

United States

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#162
Jun 13, 2013
 
I lost at the time four of my children almost five years ago..i know have eight cps took my last two after delivery sense then i just had another one 6 months ago but i had her out of the state of mn i was woundering if i came back with my daughter to mn could cps take her too..sense i lost my rights iin the state of mn. Please help
jenn6

Springfield, MO

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#163
Jun 16, 2013
 
Cps took my 2 girls due to poverty thay terminated my rights because of it how do i get them back
SANDRA

Philadelphia, PA

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#164
Jun 18, 2013
 
DESHONAY JOHNSON wrote:
<quoted text> HOW ABOUT IN NEVADA DO YOU KNOW. IT HAS ONLY BEEN 4 MONTHS,SINCE MY 4YR OLD LEFT. IS THERE A TIME LIMIT TO FILE AN APEAL ? AND WHAT WOULD BE MY ODDS OF WINING IF I DID IT WITHOUT A LAYWER THUS I DONT HAVE THE MONEY
i WOULD LOVE TO KNOW WHAT YOU FOUND OUT REGARDING YOUR CASE. MY BROTHERS RIGHTS HAVE BEEN TERMINATED AND I WOULD LIKE TO KNOW WHAT YOU FOUND OUT. PLEASE EMAIL ME.
SANDRA

Philadelphia, PA

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#165
Jun 18, 2013
 
deshonay wrote:
<quoted text> would you be able to help me ?
what have you found out aboutyour case. My brothers rights were terminated. Please contact me. Sandraalvarico@yahoo.com
Laurie

Bloomington, IL

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#166
Jun 19, 2013
 
I signed my rights over of my son in Illinois. I took the parenting classes,went to all doc appointments and did what they asked. Casa in Illinois told me It was to late in there eyes. The Illinois Mentor people said that if a I didn't sign my son over they would try and go after my other 3 kids which everytime they tried to bring them up in a petition to the judge he would deny it. My son is a sever diabetic and has been in and out of the hospital since he was diagnoised. He was taken to the doc by my mother and sister acting like my sister was me and had him put on medication which caused his diabeties and almost killed him. He won a large amount in a settelment. Since he won it my mother tried everything to get him. I let him go stay with her in the summer and I called everyday left written instructions on insulin and food intake. After awhile I decided to do a surprise drop in visit and he was almost dead or about to go into a diabetic coma, I took him to the hospital and a month later he got sick again instead of driving to his doctor that was 3 hours away I took him into the er and the state became involved again. The first time the worker said they would send a nurse to our home weekly to help me, the worker admitted she went on vacation and forgot to put in the paper work. After they couldn't get me on medical neglect they decided to get me on emotional neglect cause I was told I was too strict with my son. He would lie and hide food and drive his sugar out of wack. He would run to my mom and lie about things to get what he wanted. My mom already did'nt like my husband and she would tell the state he was abusive and we were doing drugs. I went to counseling and was put on medication,the state did a drop in visit to my house 5 days after my new medication and I was having side effects they told the judge I was using illegal drugs I had to get a copy from the pharmecy to show what they were doing to me. My attorney was a public defender and suggested I sign my rights over as long as my sister would gain custody.My sister agreed and said I could see my son as much as I wanted but she lied. My son is out of controll now hitting my sister disrespecting her all the time and my mom says his school counsler says it's because he wants to be back with me. I miss my son so much he doesnt even know the whole truth just what the state and CASA and my family has told him.How long after you sign your rights over can you apply for them back

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