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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111466
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Who do I talk to about a 4 year case that haven't been

Customer Question

Who do I talk to about a 4 year case that haven't been resolved it an unfair case and I don't know who to turn to for help.
Submitted: 11 months ago.
Category: Legal
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

I am sorry to learn about this matter.

Unfortunately, civil litigation moves very slowly - and a 4 year case is not unusual.

However, dealing with specific issues that have caused your case to go for a long period of time are probably best resolved by speaking with a local attorney - someone that you can discuss your case with in detail, and that can review your filings, motion papers, and have an attorney/client relationship with regarding the merits of your case, and develop a strategy to move your case closer to resolution.

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Our forum is a "general legal information" forum - where we can answer specific questions, so if you have a direct question about procedure (such as how to file a particular motion, what do you need to do to oppose a motion, for example), or substantive law (such as what is the statute of limitations for fraud), or similar questions, we can answer those questions for you.

We can also try to direct you to local resources to assist you (such as the local law library) when our information is not sufficient (such as doing detailed legal research in support of a motion).

Customer: replied 11 months ago.
It is not a civil case I feel what is happening is wrong what is my first step to filing a complaint someone in the judical system need to look into this case . please tell me who I need to speak with.
Expert:  CalAttorney2 replied 11 months ago.

Is this a criminal matter?

(Or is this something else?)

Customer: replied 11 months ago.
4. Years it was reported to dcf that one child touched another inappropriate dcf report was unfounded protection order dropped the judge order family counseling each time for 4 years when time for the kids to start counseling the father do not take the child he find something else to call dcf. Each time nothing is found there is documentation supporting this. I feel that my child should have been return to me long time ago. How can the system allow him to continue to violate an order something is wrong with this.
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

I am going to "opt out" and allow another expert to follow up with you.

Please do not post any further at this time as it will delay the next expert's ability to follow up.

If you need any assistance in the meantime, please contact our customer service at: http://ww2.justanswer.com/help

Thank you for using our forum, and I do wish you the best of luck.

Bill

Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your previous one had to leave.
Have you filed a petition for reunification in the court yet to get the court to order that the children are returned to you?
Customer: replied 11 months ago.
the judge sent us back to mediation again nothing resolved. We have a court date 01/02/2016. The courts need to understand that there where an error made some where.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
If you do not have an attorney representing you at this point, that is the first mistake you are making. If you have a court date already scheduled, then at that court date you need to do more than simply tell the court about mistakes. You need to actually bring in evidence and witnesses to testify to the court that you have done nothing to harm the children and that there is no legal basis for them to not be returned to you, especially since DCF keeps finding there are no violations and also since the father keeps refusing to take the children for evaluation. This is up to your attorney to put on actual evidence before the judge, because until the judge sees the evidence and witnesses they are just going to follow what the DCF social worker says as to whether or not you should have the children returned and most times that is just a self serving opinion of a biased DCF incompetent and negligent social worker. These social workers are known to lie and fabricate evidence, which is why you truly need to have an attorney and get your witnesses to testify before the judge to show the judge that there is no basis for this continued separation from your children as the US Supreme Court has held you have a fundamental right (basic civil right) to make decisions for your children and that the court shall not interfere without CLEAR AND CONVINCING EVIDENCE you are unfit (and you have stated no clear and convincing evidence above). See: Troxel v. Granville, 530 U.S. 57 (2000)
Customer: replied 11 months ago.
I understand what you are saying however the social workers csae was unfounded they agree that the child should have been placed back in the home when the protection order was dismissed. We have documentation showing a consistence pattern of the father doing everything to not allow family counseling to take place maybe we should find another attorney. Thank you for all of your input.
Expert:  Law Educator, Esq. replied 11 months ago.

Thank you for your reply.

So you need to find an attorney who is a bit more aggressive and will file the motion in court to get the court to order the return based on the findings of child protection that all of these claims have been unfounded. The court has no right to keep the children away from you without the clear and convincing evidence you are unfit, which is what the US Supreme Court said, so they are depriving you of your basic civil rights.