Re: my mother took my baby girl

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On 10/29/02, Eric wrote:
> I have a beautiful 3 year old girl. but, i lost costody to
> my mother last december We was all in a big costody battle
> and my mom called D.F.S. on me for going out and smoking
> mari. one night they did a imediate drug test and i came up
> positive . even thogh they didn't drug test her . and she's
> the one i smoked with.Needless to say i lost costody and
> visitation on her time emetiatly after she got costody she
> sent me pack'n. In the mean time she has made my life a
> living hell, she stole my credit cards , she has stolen
> checks from me,and she has alienated me from my daughter.I
> just want my baby back please help!!!!!!!!!

Eric,

You could win custody back but it would take a gargantuan
effort on your part. That's because you shot yourself in the
foot at the beginning of this debacle by submitting to a
test. Next time you get "legal" and "actual" custody, MOVE
OUT OF STATE.

All states presume that it is in the child's best interest to
be in the custody of a biologiocal parent. Since you do not
say where the mother is, I'll assume she's out of the
picture. Both the Mother and you have standing to undo this
mess.

First, you can file a motion or an action to regain custody.
I'll assume there's a child neglect case open against you and
that your mother was awarded temporary custody based upon the
allegations against you. [If no case is filed yet, then
you'll open one] If you defend yourself, you'll have to clean
up your act to get the kid back. Undoubtedly they'll monitor
you for awhile. While being monitored and having custody of
the child, look for a job out of state. (that way this won't
happen again, if you're smart)The court almost has to
institute a reunification plan in cases of this type. This
would be a LONG road because your mom will fight and make
false allegations all the way.

A better approach might be to sue DFS and your Mother for
violating your civil rights at the same time you ask the
court for your kid back. If what you say is true, the DFS and
your Mother took a blood test without following proper
criminal procedure. In other words, you consented to this
mess -- but did you know that? were you threatened,
intimidated, and coerced into submitting to a test? I have
seen cases like this before where Grandma or Foster parent
gets in bed with the DFS and steals child from parent. This
is what makes the conspiracy and for a 42 USC 1983 case for a
vilation of your civil rights. This suit is not for winning
money, it's for negotiating to get your kid back. DFS doesn't
like lawsuits especially of the grounds arestrong, and in
your case, the grounds may be there.

Finally, and you'd better learn this lesson now - NEVER,
NEVER, NEVER ever cooperate with child protective agents for
any reason unless your guilty as hell of child abuse and it
is obvious. (the case against you is built on supposition -
you got high - hence you neglected your kid) Cooperation from
you is how child protection agencies build cases against
people. Everything you say or do to a social worker is
construed as abuse. These people (social workers) are usually
not too bright and are brain washed to find abuse everywhere.

That's why you must force them into court early on with their
allegations. If you don't you will be in an endless parade of
counselors, social workers, seminars and evaluations, all
designed to make you into a fiend.

You need to get in front of a Judge. The Judge might be scary
to you, but you are still in the legally "superior" position
to take care of your child. The Judge is a far better friend
to you than the social worker who manufactured this. You need
to get this into court. You also need help getting there. But
you have the superior right and if you dedicate yourself to
the3 fight you can win. It could take a year or so though.
You'd have to educate yourself a bit. Fathers do have rights!
Hang in there.

Re: my mother took my baby girl, 11/23/02, by sharwinston.

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