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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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My parental rights are going to be terminated come next court

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My parental rights are going to be terminated come next court date, which is the day after tomorrow. The first half of the whole process I was making great progress. Then I stopped progress due to depression and going back to a toxic relationship. All the while having visitation and communication with my kids. Since Sept. I have stopped all communication with the relationship I was speaking of earlier and have gotten 2 restraining orders since. I am now currently in school and have volunteered with the elderly trying to better myself. I want to abide with court ordered programs, but has been very difficult due to tuition and time scheduling. I have been getting my kids every weekend since Oct. From my mom, who has them right now. My visitations don't include overnights or anything, I earned her trust by my progress. Anyway, I've been seeking legal help on me given more time or some way to stop or delay termination of my rights, and having them returned to me. Any help is much appreciated!! Thank you.
Submitted: 3 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 3 years ago.
When you say you have restraining orders, do you mean against you or someone else?

Have you done at least 50% of your case plan?

Is your mother going to adopt the children or are the children going to be placed in guardianship with your mother?

What type of classes are you doing right now?

What state is this in?

Thank you.


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My answer or reply is also limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 3 years ago.
The restraining orders were against my ex boyfriend, father of my youngest child. No restraining orders on me. I would say I did 50 percent of my case plan, but I didn't complete the parenting. I would have to do that over again. I was in individual therapy for about four months then I couldn't afford it anymore. One thing that I can't seem to get done is the mental health evaluation. It costs hundreds of dollars and I don't have med insurance anymore to help with the cost of that. I'm not sure if my mom is adopting them or what the next step is, but if my rights are terminated then I know my mom would adopt them. I currently attend parents anonymous weekly, but it's not a 12wk program. The school I am enrolled in is not court ordered, I am earning my GED. I also volunteer at an alzeimers facility for a few hrs 2-4 times a week to put hrs in for internship of the nursing class I am going to take. We are at the end of the process. Termination of my rights court date is tomorrow. I regret that I had assumed that even if I didn't accomplish what I was supposed to with the courts in the time I was given, I could still get my life together, and get them back from my mom, once DCFS was out of the picture, My mom would allow me to have them(seeing that I have made necessary changes to my life). But After a recent discussion about it, I found out that she wouldn't do that, so I panicked regretfully last minute trying to find out if there is any hope of me getting them back. I hope I haven't ruined my chances completely! Thank you so very much for your help, advise, or words of wisdom. Thank you!!
Expert:  Attorney & Mediator replied 3 years ago.
Sorry to hear what you are going through. The law is clear that you only have a certain period of time to reunify. In rare cases you can file for an extension by a modification petition, but you can only do this if you are actually involved in the court ordered case plan. Unfortunately doing things that are not court ordered does not count. I see you are behind and that makes it difficult. The only thing I can suggest is to find out what the goal of the caseworker is . If the goal is to free the children for adoption, then it would be best for your mother to get them. Even if she says she won't give you contact in the future, that does not mean she will not change her mind later. The goal is to keep the kids with the family. If the goal is to give your mother guardianship, then your parental rights are going to be terminated, but suspended until you can complete the caseplan and then file for reconsideration in the future.

As to tomorrows hearing, you have the right to set the matter for trial (unless tomorrow is the actual trial date). If it is set for trial you will have very little time to start up your plan and seek a modification asking for another change. If this is the actual trial then you need to see what the goal is and whether you have evidence to dispute their reasons for the termination.

I wish you all the very best.



_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is also limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.


Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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