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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117358
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I was recently in a fire in a pop up camper that i was

Customer Question

I was recently in a fire in a pop up camper that i was temporarily staying in with my 80 yr. old mother and my 3 yr. old daughter .. The man that owned ther camper gave me a sleeping sedative at about 8 pm. I was una aware of this and took the soda which i believe contained the sleeping sedatives..I was awoken at about 4 am to my mother and baby screaming.. when i tried to respond I was extremely incoherent and finally was able to open my eyes.. I saw that the camper was on fire on the outside about 5 ft. flames on each side (the side that i normally would sleep on) but for some strange reason that night i slept with mother and baby on my mothers side..needless to say.. we survived..I was Intubated due to smoke inhalation and was unable to care for my child ..My mother was burned badly and my baby came out without a scratch.. i pulled them both out of the fire and saved us all..which resulted in my being put on life support. DHS took temp. custody of my daughter..and I am required now to jump through there hoops which i am successfully doing but my daughter has suffered greatly is currently in foster care and seems to be drifting away from love and being affectionate. I am very concerned for my little girls mental wellbeing now and in her future. I just want to get my baby back leave this area and go to Wisconsin where my other children live (they are grown) and where my mother is now living. My lawyer here wants me to agree that my baby was in a injurious enviroment and that dhs has the right to take her and keep her until they feel I am a suitable parent.. I feel that if I agree to this somehow it is wrong my lawyer fyi works for the department of dhs..??? can you please give me some good advice..
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Colorado
JA: Have you talked to a lawyer yet?
Customer: yes but he works for the dept. of dhs and wants me to enter a plea in favor of what they are doing
JA: Anything else you want the lawyer to know before I connect you?
Customer: not at the moment
Submitted: 9 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 9 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.
If you were drugged without your consent, then you need to pursue a lawsuit and possibly criminal charges against the person who drugged you as that is deemed a battery. Also, the proof that you were drugged without your consent is basis for proof that you are a fit parent and under the US Supreme Court holding in the case of Troxel v. Granville, the Court held your civil rights to your child shall not be removed unless they prove by clear and convincing evidence you are unfit. Thus, in addition to suing the person who drugged you, you need to file a petition for reunification in the court and present evidence that this occurred through no fault of your own and that there is no proof that you are unfit and reunification should be ordered. So that is the way you need to proceed and if you do not like the way the DHS provided attorney is representing you, then you can fire him and you can hire your own local attorney to represent you and that is what you should consider doing.

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