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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33918
Experience:  Began practicing Family Law in 1992
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I am a certified mom in Florida. Can I file an emergent

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I am a certified foster mom in Florida . Can I file an emergent motion for temporary custody even though Dcp has control now?Some quick history. I lived in NJ In 2015 my daughter this child's mother died. Child was legally in my custody. Estranged father files for return of custody , just grants it based on his constitutional rights. I pleaded with the Judge that this man is not fit to raise this child . 11 years old. I get court ordered daily contact and open visitation.
In April 2017 I filed to Vacate that custody Order due to fraud upon the court . I now have all the evidence to prove he us unfit. The court gave me the child all summer in Florida. I returned her 9/1. And a hearing date has not been set. She was removed on 9/5. I asked dcp about seeing my Granddaughter they told me that the child will have to tell her attorney she wants to see me. And that their removal order superceded my visitation order. I am not the offender. I have been cut off from the child. And the child still has weekly visits with the father. So I'm thinking to just file an emergent motion and to let them know I filed a motion to vacate custody Order in April. DCP is not cooperative or helpful in anyway. They actually don't like me which makes everything harder.
Can I also ask to be made a party ? Or would filing for custody in April make me a party to this case?

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

Customer: replied 27 days ago.
Ok

Was a final court order issued on the document you filed in April?

Customer: replied 27 days ago.
No . The Judge gave me the child for her summer vacation . And was to set the case for a hearing. I returned the child on 9/1. She was removed by child services from the father on 9/5. And put in a foster home. So I never had a chance but had an open docket . They are not cooperative. I have court ordered visitation and daily contact. They refused me that saying their order superceded my order. I am very respectful and polite and they lied to me saying they would tell the Judge I am an option. And they didn't and they are not responding to my calls or request.
Customer: replied 27 days ago.
I had an open docket for custody and they opened another docket when they removed her they didn't connect the two. And never said anything to the Judge.

If a motion was filed and never ruled on then it is still a live pleading. You can just amend your pleading and set it for a hearing.

The court probably isn't going to hear an emergency request since CPS is involve and since the child has a lawyer. You would have to ask for a hearing date and then notify CPS and the child's lawyer by mail.

You can also ask the court to combine, known as "consolidate", the two cases.

Customer: replied 27 days ago.
To amend the pleading do I file another motion to amend?And if I ask to "consolidate" would that make me a party to the CPS case?Because I am not a party now . I have no way to find out who the child's attorney is. Or no way of knowing who the Judge is. CPS is very dirty. They never told me they removed the child. I found out one day later. Found out they had a hearing the next day. Called the court explained I had an open case. They told me they can't tell me who the Judge is. So I faxed a letter informing the Judge of my pending case with this father and child . Court clerk told me to fax it to her she will get it to the Judge.
Turns out she received the fax and told me she couldn't give it to the Judge . So she gave it to a CPS supervisor. Who did nothing with it. And court proceeded.This is NJ. What's the difference in amending a pleading versus just filing an intervention for custody?
CPS has done many bad things. I could prove them negligent and not acting in the best interest of the child. I have excellent evidence. I have a court transcript where the DAG asks the Judge to give child to the father . Tells the Judge the father was substantiated for child abuse and had a mental evaluation that required additional counseling but the division doesn't feel he's a threat to the child. Judge doesn't ask any questions and gives child to father. I have much more than this . Showing incompetence on the part of CPS , and the Judge. Although I'm smart enough not to make a big issue out of the Judge's mistakes.I am not playing games with them. And want to try to stop the child from being in foster care and the system indefinitely. My idea is to throw a wrench in now and get a Judge , if not to grant me custody . Then at the least to force CPS to follow proper procedure with this child. Like assessing me as a foster home for my Granddaughter in a timely manner.
I am currently a certified foster. So that shouldn't entail too much.
I am sure if I don't involve the court I will not stand a chance for anything. I just didn't know if an intervention can be filed in NJ ?
Please clarify for me and give me your thoughts please.

Yes, you would want to file another motion to amend just to be safe. You would then amend to add the child's lawyer and CPS into the case.

If you file a Motion to consolidate the other case with yours then there is no need to make yourself a party to the other case because the judge will combine them.

If you look in the file at the clerk's office you should be able to find the order appointing the child's lawyer.

Amending a pleading is changing yours. Intervening is where you enter their case. You want to add their case to yours and that way all the prior findings are still valid as well as the prior orders. Plus, you don't have to prove standing if you do this in your case.

to me, it is always better to consolidate in your case than intervene in theirs. You should also consider hiring a lawyer, at least to get through the initial hearing and so they can tell the judge that CPS filed without proper notification to you. If the lawyer does it then it won't be held against you.

JD 1992 and 2 other Family Law Specialists are ready to help you
Customer: replied 27 days ago.
Thank you so much!

You're very welcome.

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