This has been an emotional rollercoaster ride to say the least. And thats an understatement. Another day has gone by and my son is still in limbo. Still in the hospital where he was born, waiting to know his fate. Today DYFS called me and told me they received all my documents pleading my case and would make a decision very soon regarding his placement.
I got no legal help today again. But managed to speak to my public defender for 10 minutes between the last 2 days. WOW. So I called to have her taken off my case and be reassigned until I can raise enough money to hire a private attorney.
From all the research I've done, there seems to be a huge mishandling of my case here, which leads me to speculate a civil law suit against DYFS.(1) I was never notified of a court proceeding for a custody case against me. I found out on my own investigation 1 day before the hearing. What happened to due process? (2) I was never served with any order to show cause and only received DYFS allegations against me 1/2 hour after custody had been granted to them. Due process? (3) My son was never assigned a law guardian at the hearing and if he was, the law guardian was not present. (4) DYFS began a custody case against me and my girlfriend, for the physical and legal rights to my son. But he is clearly not in NJ jurisdiction. My girlfriend lives in NY. He was born in NYC. Has spent all his living life in NYC and has never even been to NJ. The only thing he has in NJ is a crib. (5) DYFS or any of their representatives have never even been to visit my son at the hospital. They told me the reason is because he is out of their jurisdiction. (6) A DYFS nurse has made a medical diagnosis and recommendation against my rights to care for my son based on a phone conversation with a social worker in NY. Clearly against the law.
Tomorrow I will ask for an emergency hearing in NJ and try to get the judge to reverse her decision based on this evidence. And soon after this is all settled, I will strongly consider a civil law suit against the agency. The judge should also be held responsible since she disregarded and dismissed my claims of jurisdiction at the first hearing and she failed to guarantee me due process under the law. If I can get a good lawyer I might have a chance at this.
Either way I feel completely violated. My powers as a father have been totally stripped from me and I am now at the mercey of an unjust system. welcome to america.
