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new mommy & daddy need help

  • Thread starter Thread starter fast_one
  • Start date Start date

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C

ChristinaR

Guest
Ellencee you are correct, CPS will not release either child into his care, he has no legal say in the matter. Below is what those two children are facing now, Even if they are moved to another relatives home they will still be in the system.

Children's Protective Services general hearing schedule upon removal of a child.

1. Removal-Ex Parte order naming CPS as TMC
2. 14 Day Hearing to set up parental compliance.
3. 22-44 days after removal- Service review hearing
4. 60 Day status hearing
5. 180 days from removal- 1st. Permanency hearing
6. 120 days after Permanency hearing- Permanency Review
7. Merits Trial
8. Case closed or new dismissal date is set no more than 180 days from court order returning child.

then it can go on 180 days if CPS is given PMC
 


C

coosi

Guest
FastOne,
If paternity had been established, and you were not incarcerated for statutory rape, you could use this information:

http://www.cpswatch.com/forms/
Legal Forms

Forms for Documentation

Sample Follow-up Documentation Letters
Sample letter templates for documenting converstaions and visits.

Preservation of Parental Rights Letters
Sample letter templates to send to social workers, medical professionals and teachers preserving your parental rights.

Petitions & Complaints

Petition for Restraining Order to Prevent Removal of Child to Foster Home Outside Vicinity of Parent
Petition for a restraining order to keep CPS from moving your child to a foster home that is far away from you. This petition is based on the grounds of financial hardship, but could be modified to include other grounds.

Answers & Affidavits

Answer to Original Petition
If the state has filed a Peition accusing you of abuse or neglect, you need to respond on the record. This is done with an Answer.

Answer and Affirmative Defense
An Answer that includes exculpatory evidence. For example, it might be impossible for you to have abused your child on a certain day because you were out of the state.

Motions

General Motion
When you need to ask something of the court, you do so by filing a motion and requesting a hearing.

Motion for More Frequent and Meaningful Visitation
Form for getting court ordered visitation.

Motion for Order to Show Cause for Contempt
Form for asking the court to hold CPS in contempt for violating court orders.

Motion to Reconsider
Form to ask the Judge to reconsider a previous order.

Motion to Clarify
Form to ask the Judge to clarify an order.

General Motion to Compel
Form to ask the Judge to force the other party to do something.

Motion to Compel Production
Form to ask the court to force the other party to produce something, such as your records or their policy manual.

Motion to Vacate
Form to ask the Judge to vacate (or undo) a previous order. This form is based on a change in circumstances (i.e. the house was dirty but it's clean now) but can be modified to include other grounds.

Motion to Proceed in Forma Pauperis
Filed with an appeal to proceed on appeal as an indigent person.

Informal Request for Discovery
Use this form to informally request discovery from the state. If the state fails to respond to this form, use the Motion to Compel Production of Requested Discovery Materials

Motion to Compel Production of Requested Discovery Materials
Form to ask the Judge to order the state to produce discovery materials that you've previously asked for.

Notice of Motion to Dismiss Sham Proceedings (Based on False Allegations)
Use this form to ask the court to dismiss the case based on the fact that it is a sham and wholly based on false allegations.

Notice of Motion to Dismiss for Failure to State a Cause of Action
The basis of this form is that even if all the allegations were true, they do not amount to abuse or neglect as defined by statute.

Motion to Disqualify Judge for Bias or Prejudice
Use this form to have a Judge removed from your case for bias or prejudice.

Notice of Motion to Intervene
This is a form for a relative to intervene into a case to ask for custody, placement, visitation or just to be heard.

Motion to Intervene
Form for a relative to intervene into a case to ask for custody, placement, visitation or just to be heard.

Opposition to a Motion (filed by another party)
Use this motion to oppose another party's motion if you disagree with it.

Motion for Rehearing
Use this form to ask the Judge to hold a re-hearing. Some examples might be if you were not served notice of the hearing or if the state used an expert witness you didn't know about before the hearing.

Appeals & Writs

Notice of Appeal
Form to give the lower court Notice of your intent to appeal.

Appellant's Brief
Template for an appeal brief.

Motion to Proceed in Forma Pauperis
Filed with an appeal to proceed on appeal as an indigent person.

Request for Transcripts
Form to request transcripts for an appeal.

Petition for Writ of Certiorari

Miscellaneous

Certificate of Service
A Certificate of Service must be attached to all legal pleadings and motions. It is a signed document stating that you have served copies of your pleading on all parties.

Notice of Hearing
Attach this form to your motion if you want the motion set for a hearing. In some states the Judge will not rule on the motion if you don’t attach a Notice of Hearing.
 
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F

fast_one

Guest
Court

Is there any way that the court will see that I am willing to help out my gf and baby, unlike many other teen fathers and actually help me get all my stuff together. My gf wants us together, and/or can MY parents step in and help.
I must add for those who didn't know my gf's mother is unemployed, and is divorced. no running vehicle
My gf's father is too mentally ill to have children live with him.(so I was told by my gf). 1 vehicle?
*both of my parents are employed+8 vehicles
*I am employed +2 vehicles

I added vehicles because you never know when you need them for an emergency
 
C

coosi

Guest
Fastone,
No one can predict what the judge will do, but as posters have repeatedly stated, at this point you have NO rights to the child, because, unlike the mother, who has "proof" that the child is hers, you have no "proof" without paternity being established.

When you establish paternity, you set yourself up for a charge of statutory rape.

Someone charged with statutory rape could very easily be deemed "unfit" as a parent, even if paternity was established.

If there is no one considered "fit" to raise your GF and baby, the state will do it, and there's not a d*** thing you can do legally.

Do you see the seriousness of your situation?

PS
I don't think vehicles have anything to do with it. Your last post sounded VERY immature. Sorry...
 
F

fast_one

Guest
I don't think vehicles have anything to do with it. Your last post sounded VERY immature. Sorry...
Vehicles have ALOT to do with this.
 
C

coosi

Guest
When you establish paternity, you set yourself up for a charge of statutory rape.

Someone charged with statutory rape could very easily be deemed "unfit" as a parent, even if paternity was established.

If there is no one considered "fit" to raise your GF and baby, the state will do it, and there's not a d*** thing you can do legally.

These are the issues. Period. If you start bringing up "vehicles" in court in a situation like this, you will look like a moron. Try it, you'll see. I've tried to help, as have some others. You continue to believe what you want to. You certainly don't have to take advice given that you asked for, but why keep coming back? To argue...?
 
J

jez51

Guest
fast_one said:
Vehicles have ALOT to do with this.

I agree, those vehicles are important, I suggest you sell one of them for legal fees....
 
C

coosi

Guest
I agree, those vehicles are important, I suggest you sell one of them for legal fees....

I wish I'd said that!
 
F

fast_one

Guest
legal fees

Why? I can afford legal fees.
Its gas that kills me.(LOL)
nO BUT SERIOUSLY LEGAL FEES IS NOTHING, THE REASON I MENTION VEHICLES IS YOU SEE WE LIVE IN A SMALL TOWN WHERE THERE IS NOTHING BUT 2 GROCERY STORES AND IN CASE OF AN EMERGENCY YOU HAVE TO LEAVE TOWN OUT ABOUT 75 MILES OR SO.
 

stealth2

Under the Radar Member
knock knock knock!!! DUDE - HAVE YOU REGISTERED ANYTHING THAT PEOPLE ARE TELLING YOU?!?!? YOU HAVE TO FIND A LAWYER! YES, I AM SHOUTING AT YOU BECAUSE YOU DON'T SEEM TO BE GETTING THE POINT!
 
H

hexeliebe

Guest
And he never will. now you see why I gave up on this idiot a long time ago.:rolleyes:
 
C

coosi

Guest
"The problem is, quite frankly, I cannot believe that he is as clueless as all that."

I have to agree. Probably just bored :D
 
Z

zx2ss

Guest
when i was in court, vehicles where not mentioned at all. my babys daddy doesnt have a car or a job and he got granted all that he wanted knowing he can not transport my child in case of emergency! believe me a ride has nothing to do it.
 

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