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Ask Legalease Your Own Question
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16367
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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I sent you a new letter, Had to give you a 4 star so you

Customer Question

I sent you a new letter, Had to give you a 4 star so you would answer back to my clearing up lack of understanding the situation I explained, you were assuming I was still involved with CPS and I said clearly I had quit. Not upset, I just want you to reread
what I wrote and see if you have a different response. thank you Sandy!
Submitted: 1 year ago.
Category: Family Law
Expert:  Legalease replied 1 year ago.
Hello again Sandy --
I re-read the question and focused more on the end than the beginning or middle. I am very sorry -- there was so much about your mother and CPS that it truly did sound like CPS is still involved in the case.
What you really want to know if whether or not you can take any legal action against your mother for any of these issues, if I am reading the end of your question correctly. Can you just confirm that you want to take legal action against your mother if you can do it and answer a few more questions for me.........
How old is your daughter now (how many years since she was born AND how many years have passed since all of these things happened because there is generally a statute of limitations that will cut off your right to take further action against your mother if too much time has passed since all of these things happened).
Was that the first CPS involvement ? Has there been any CPS involvement since then? What was the end result of the CPS case -- did they drop the matter after an investigation? How long did the investigation take and do you think that they scrutinized you and your husband more intensely and for a longer period of time because it was your mother trying to make a case against you ?
If you can get back to me with some answers to these questions, I can give you an assessment of what I think and why as soon as possible.
Customer: replied 1 year ago.
Yes, you are correct, and/or for the court letting her? It was last November, so it hasn't been a year yet. Like I said, the first case was brought on the day she was born, September 30th 2010. We went through that for 6 months, and passed with flying colors and had her back in our custody. So that was at the beginning of 2011 when we sere doing well, and then my mother started following us everywhere, showing up to her daycare taking her out, calling me everyday saying can I have my Raelynn fix? Begged to keep her for the weekend etc. Nothing was ever said to me about any concerns. The 1st case was due to my congestive heart failure went undetected and they within 9 hours called CPS for "not bonding". After that it became "ubsubstantiated" and when I called my mother to come and get her the night my husband and I were arguing, no violence, and Raelynn was not bother at all, I wanted to prevent if anything were to happen, make sure she was not in the house as we were working on our communication skills as prior to this we did have some domestic violence issues, never in front of my daughter. My mother came over July1st 2012 and my husband took my daughter out of the crib (still fast asleep) handed her to my mother , calmly, and my mother took her and called the cops, told them that my husband had the look of murder in his eyes, the cops arrested us both, due to what my mother said, they dropped charges from domestic violence to "disorderly conduct" due to know marks or scratches showing any type of violence. When we got out of jail, the CPS letter said they are taking my daughter due to my drug abuse, neglect of my child, mental instability, my husbands alcohol problem. None of these things are accurate and proved that in court during the 2nd CPS case through 3 different Psychologist's, and tons of other GAD's, counselor's, caseworkers, all of them saw I was a competent, loving hard working devoted mother..My mother would say things like "Oh she's doing good? Well she only acts that way in front of you guys!" , "its all a front", she is on drugs, she is volatile, and I was not on drug's or volatile unless she would use my daughter and say I'm not going to let you see your daughter till you get off the drugs! What she never could conceive is that I was an upset, grieving mother who was losing her daughter to her own mother and I and a lot of emotions going on, but never was I on drugs and that to was proved in the CPS case. Its been 2 and a half years since I have had my daughter, but my parental rights were taken November of this year. I gave up voluntary due to the fact my caseworker was asking us to start all over. It was corrupt, also my mother said quit CPS, they are to hard on you and go through me, as I never thought she wanted her, like permanently. I know this is a lot, my mother talked to the caseworker all the time, the caseworker never talked to me, mother wrote a letter that I have now, that says what a bad behaving person I am, she without a doubt made that court biased against me. If she wasn't there I would have my daughter today! I'm sure I missed something, I tried my best with all dates and am hoping you can go off what I provided you with. Thank you!
Expert:  Legalease replied 1 year ago.
Hello again--
WHO has your daughter right now and were your parental rights terminated in this case before or after CPS took your daughter away from you?
I am still a but confused but if you can clarify on this last question for me I can tell you whether or not you can pursue any actions against your mother and/or CPS?
Customer: replied 1 year ago.
I did say clearly in the response my parental rights were taken...and yes my mother has her, her and my step-dad acted like they wanted us to have Raelynn, and once they we voluntarily gave up, they took her, adopted her at the age of 71 and changed my daughters last name to my step-dads last name, took her own fathers (mu husbands) name off her birth name. I did say that the date my parental rights were taken was last November. I'm sorry, this week I cant afford to spend 52 dollars on a phone call, unless we absolutely have to. I appreciate you doing your best to see if any legal action can be taken against my parents. OR CPS for starting me all over when I did nothing wrong, everything right, but my caseworker got in trouble with our case and that's when she came to tell us we had to start all over after we had been graduated into the transition stage, where my daughter was in the transition of moving back home with us. Also my lawyers said "you can blame it on us", as we know we didn't do our best as we were over loaded. SHE said that. My guardian of light didn't ever call me and she was assigned by the courts because Im on disability, and she was there to protect them from attacking my psychological state of mind, which they did several times and it lead to that issue dragging the case out to 15 months. When I went to my appeals lawyer, I had to find him, look him up, I got no letter from anyone telling me his name or number, once I did find him, I called him at least 15 times and he never called me back EVER. I did not by far, get a proper defense, even my lawyer agrees to this, she also threatened me at the beginning of the case that if I asked anymore questions, she would fir me fire me. That I was being to intense for her. I was so scared, so uneducated of how ruthless this system was going to be, did not know any of my rights, nor was told I should, then when the state would attack me my lawyer would just sit there and whisper to me I don't know why there saying that you have done more than enough, more than most people, they do this all the time just go with there BS, and you will get though it. Well I did not. I lost my daughter over the corruption of the system. We did our part, we did everything requested by state, they failed with gross negligence, how can this not be prosecuted? I was told not to take it to trial when I should have by far. This was at the beginning of the case,.now here I am, looking for a way to fight back..My daughter is so confused why moms not around, this has hurt her more than helped her, I want them to pay! Thank you so much! I hope you have a more clearer perspective..
Expert:  Legalease replied 1 year ago.
Hello again ---If your parental rights were terminated completely and your mother was actually permitted to adopt your daughter through the family court, then you are going to have a seriously uphill battle here to regain custody (let alone be able to sue your mother and/or CPS). You see, even though your mother was lying through her teeth about everything and it sounds to me like the psychologists and the Guardian Ad Litems ("GAL's") were not much better than your mother and her remarks. But the problem is that because the court accepted their testimony and took your daughter from You, it shows that the court believed your mother and the others and basically it sounds to me like the court did everything BUT call you a liar to your face. Under these circumstances, you need a good appellate attorney who handles nothing but appeals in family law cases in order to review every bit of the transcript of the court hearings and trial --- the appeals attorney must find some areas of the case and the law supporting the case to APPEAL to a higher court in order to get the original decision(s) taking your daughter reversed on appeal. My suggestion here is to speak with the attorneys who handled your case and ask them to put you in touch with an attorney who handles appeals work ONLY and EXCLUSIVELY. They should be able to find you someone for either free or for a lowered hourly fee if you can show your inability to pay for the assistance. I truly wish that I had better news for you than this, but your first step right now is time sensitive because there is only a small window of time is available to file an appeal if you want it heard. -MARY

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