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Roger
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Category: Family Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a CPS case open and they are pushing toward terminating

Customer Question

I have a CPS case open and they are pushing toward terminating my parental rights. I already recieved the termination papers.They are also twisting everything up and making false accusations and charges against me. The reason why my child was taken is because I was supposed to have supervised visits and my sister had third party custody of my child and I had a couple of sex offenders around her that allegely said they had touched her but they could not find evidence of sexual assault. What are my pros and cons taking it to trial? I attempted to end the friendship several times with these guys after I found out about their record and they threatened to have her taken from me If I called the police on them. I have a public defender and he is not giving me the best legal representation. The sex offenders also told the police they had touched her and it is on record. I'm doing all the services CPS wants me to do and they are saying that I have not done anything or made any progress. What can I do to prove these people wrong that I made changes and to get her back?
Submitted: 2 years ago.
Category: Family Law
Expert:  Fran-mod replied 2 years ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.
Yes
Customer: replied 2 years ago.
Yes I'm ok with continuing to wait.
Expert:  Fran-mod replied 2 years ago.
Thank you for your continued patience. We will continue the search for a professional for you.
Expert:  Roger replied 2 years ago.
Hi - my name is Kirk and I'm a Family Law litigation attorney.

You mentioned having a public defender. Have you been charged with a crime?
Customer: replied 2 years ago.
No. I have not been charged with anything
Expert:  Roger replied 2 years ago.

Ok. That's good.

 

In a nutshell, courts are very hesitant to terminate the parental rights absent solid proof that it is in the best interest of the child.

 

The most common statutory grounds for determining parental unfitness include:

  • Severe or chronic abuse or neglect
  • Abuse or neglect of other children in the household
  • Abandonment
  • Long-term mental illness or deficiency of the parent(s)
  • Long-term alcohol- or drug-induced incapacity of the parent(s)
  • Failure to support or maintain contact with the child
  • Involuntary termination of the rights of the parent to another child

http://www.childwelfare.gov/systemwide/laws_policies/statutes/groundtermin.cfm

 

If they cannot prove that you're guilt of any of these things, the court is not likely to grant a termination of your rights. The last thing that a court wants to do is alienate the child from a parent. The more common result to this is supervised visitation, etc.

 

As for CPS, your activity and cooperation with it should be documented in its paperwork and you could ask the court to review your child's file to see the level of your involvement.

 

In fact, your attorney could subpoena the CPS file before court so you can see what's in there.

 

Public defenders are good attorney, but they have a huge case load, so it is hard for them to spend the time that a private attorney may spend on the case. Thus, you will have to stay on your attorney and bug him to the point that he concentrates on your case.

 

Again, it is very hard for a court to terminate one's parental rights, and a judge will be very hesitant to do so unless he/she believes there is no other choice. Thus, the law is on your side for this not to occur. However, you need to stay on your attorney and make sure that you prove that you're involved in your children's lives, that the moment you found out about the sex offenders that you got the children away from them, aqnd that you've maintained your contact with CPS and have done everything asked of you.

Customer: replied 2 years ago.

yes I have

Expert:  Roger replied 2 years ago.
That's the message you're going to have to give the judge a reason not to terminate your rights.

Again, it is tough to have your rights terminated, so a decent showing on your part will go a long way.

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