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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102495
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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First of all thank you for being here, and reading this. my

Customer Question

first of all thank you for being here, and reading this. my x went to prison for 5 years I haven't seen my child in4 years. after I found out he went to prison I went out of town to his parents who had my child we meet at a restraint. I knew that if I had my daughter in my arms that the police couldn't do anything. I didn't however count on the family having influence within the law & C.P.S community. I was given a choice by the c.p.s worker that the officer had me talk to either they would place my daughter in foster care & a protective orader would be placed on her {C.P.S kindly informed me going this route would look bad for me when I went to court unless I knew she was in harms way} or I could let her stay with her grandparents and a protective order would be placed on her I allowed her to stay with the grandparents, at that point I excepted defeat, and figured if they could somehow get c.p.s to place a protective orader on her even though I had been turned into c.p.s at least 9 times and every time they found the claim "unfounded" I figured between the money they had to buy a high priced shark and their willingness to protect her I didn't stand a chance I had no family no support nothing.
in 2014 I turned my life around got off the streets got off of drugs and started to inquire with c.p.s what I needed to do to see my kid {I have proof} they said their was no open case on me & they didn't have coustdy of my child courts told me nothing had been filed, I requested my c.p.s records in hopes I could figure out what was going on with me kid & what I needed to do to see her. 17 months it took them to find the records between losing the first request and the 9 months after I put in the 2nd request. at some point my daughter was transferred into kids courts and gauardinship was granted to the grandparents I was in and out of jail from 2011 through 2014 at least 30 times and never once was I searved, c.p.s at one point to my po that they were taking coustdy of her yet. so gauadrinship was just dismissed and he has her ,
wasn't my due proccuess violated by not serving me or mailing me notice of court hearings reguarding my kid?
c.p.s put a protective orader on her based on prior reports even though they had always been classfiyed "unfounded" the worker states in the report "she is evean guilty of stealing things from her home" yet I wasn't charged of such a crime
I have messed up a lot in my life iv done a lot of things wrong, but wernt these things wrong at all in the eyes of the court that c.p.s did
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. What do you wish to accomplish here? Are you asking for visitation? Or custody? Or, something else?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
I would be happy with visitations,
Customer: replied 1 year ago.
wasn't my due process violated by them never searving me with papers informing me of a hearing reguarding my
Expert:  Ely replied 1 year ago.

Thank you.

Due process is a doctrine that is applied to criminal court, not civil court. So this is being used improperly. However regardless, assuming you did not lose all parental rights, someone in your situation should have been served with any paperwork re: the child's legal status. Even if you were incarcerated.

Someone in your situation at this point can file a suit to modify the existing custody of the child. While the fact that you were not served can be argued to reverse a decision, the Court will still base the final (reconsidered) decision in the "best interest of the child." You may be able to get visitation.

The Court decides on custody based on the rule of thumb of "best interest of the child." This includes, but is not limited to, general stability of the person, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc. Even if a parent does not get managing custody, they are almost guaranteed visitation unless they have a drug problem, alcohol dependency, or an unsafe home environment. Abuse and or neglect of the child or previous children are an almost automatic bar for even visitation, although supervised visitation may be granted by the Court.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.