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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 103880
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I had photos of my sons face that he himself took after being

Customer Question

I had photos of my sons face that he himself took after being hit. I had text from not only my 11 year old, but also his brother, my oldest son 17, and all his texts. I had letters from others that gave testimony that she is this type, and the problem was, the judge would not allow even my 17 year old to speak. I also has a recording from my son to what happen on Friday the 19th, and that she his mother would make his brothers life a hell.. The judge said that she believes the boys and all theevidence, and that she did not believe her at all, but felt that there was just not enough evidence to show abuse, but more that she needed to be careful on how to correct the boys. This is wrong and unreal. That's my problem, the evidence was there, had professional letters from those that knew, no relatives, but former CPS employee, one that work for the colorado abuse advocate center with the sheriffs department, but nothing seem to make the decision correct. My boys have told many that they would rather die than to live in her home. She even told them they could live on the street but never with me. This is not about her and me, its about two boys that are in harms way. There living conditions are unreal, dirty house, never washes the clothes, I do when I get them every other weekend. Make them do their own laundry, the 17 year thats fine, but the 11 year old. Its sad and should not happen.
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
I am sorry to say that I have met very few CPS workers who were not the most incompetent people with a personal agenda that care more about their personal agenda than they do about actually protecting children (in their warped minds I guess they may think they are protecting children by their bias incompetent opinions)> The problem is that the judge has weighed the facts, but by not allowing at least the 17 year old to testify may have committed error, BUT the court covered itself by saying they believed the incident happened and upon evaluation of the facts it just did not rise to the level of abuse necessary to remove the children (this hurts you for an appeal and this is likely why the court covered itself in this manner because they knew refusing to allow the 17 year old to testify and to allow you to admit the pictures and texts would be sufficient grounds for you to appeal and the appeals court would then get to review that evidence and give their opinion on it and by this judge saying she believed the incident occurred she stopped that from happening and the appeals court now can only review her interpretation based on ABUSE OF DISCRETION and they will not interfere with the judge's evaluation of the evidence or testimony). However, you recourse here is to immediately file an appeal of the judge's ruling and cite all of your grounds for the appeal and get the appeals court involved in the review, if not, all you can do is sit back until the next incident and file a new motion in the court and seek the custody change again.

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