Rights severed

Jurisdiction
Arizona
My children's attorney filed the motion to terminate my parental rights. DCS did not. Is this legal? I had the understanding that only the state can file this motion. The judge denied my request to have an evidentiary review for the reason for removal because the reason was for medical neglect despite my youngest son having been at the doctor 2 days prior and cleared as healthy and gaining weight adequately. The judge's decision to sever was based on the caseworker saying that I have had with my ex that had a domestic violence charge. I had no opportunity to address this is issue. During the case I went through outpatient treatment, anger management, parenting classes and had clean drug tests for the entire 9 months. I consistently went to all my visits, was always prepared and was even told that I didn't need to do level parenting because my parenting ability was adequate for my 3 children. I was supposed to be getting home visits and moved to unsupervised visits shortly after and instead was blindsided by children's attorney filing this motion. Immediately after the trial date was set I was given a different court appointed attorney and at the pretrial settlement conference there was literally no discussion and the children's attorney has never once throughout the whole case contacted me directly. I have filed a notice of appeal but my dear is that the entire system seems rigged and that it will accomplish nothing. The foster mom is willing to adopt them but my aunt has come forward and requested to adopt them. Also the 2 youngests case was separated from my oldest who is 12 because they are under the age of 3 even though they had told me that they would track them with they're older half brother.
 
My children's attorney filed the motion to terminate my parental rights. DCS did not. Is this legal?

Yes, insofar as matters concerning minors, that evolve from a state child services court hearing, each of the parties receive his.her attorney.

Mother, father, and their issue, have their own legal advocate.

Yes, everything appears to be legitimate and lawful.

I had the understanding that only the state can file this motion.

The attorney is operating under the auspice sof the law, with the best interests of the minor children being paramount.

The judge denied my request to have an evidentiary review for the reason for removal because the reason was for medical neglect despite my youngest son having been at the doctor 2 days prior and cleared as healthy and gaining weight adequately. The judge's decision to sever was based on the caseworker saying that I have had with my ex that had a domestic violence charge. I had no opportunity to address this is issue.


Nothing seems illegal in anything you describe.

The judge ruled on your motion.

I suggest you discuss the matter in detail with attorneys in your county, to see if anything about your hearing warrants an appeal to a higher court.

Nothing will come of your efforts to resolve this anywhere BUT in court of law within the confines of your county and/or state.

the children's attorney has never once throughout the whole case contacted me directly.


You need to discuss ALL of this with your attorney.

You are always FREE to HIRE yourself an attorney.

An attorney representing another party has no duty to speak to you about anything!

I have filed a notice of appeal but my dear is that the entire system seems rigged and that it will accomplish nothing. The foster mom is willing to adopt them but my aunt has come forward and requested to adopt them. Also the 2 youngests case was separated from my oldest who is 12 because they are under the age of 3 even though they had told me that they would track them with they're older half brother.


You will just have to wait and see what happens.
 
My children's attorney filed the motion to terminate my parental rights. DCS did not. Is this legal? I had the understanding that only the state can file this motion. The judge denied my request to have an evidentiary review for the reason for removal because the reason was for medical neglect despite my youngest son having been at the doctor 2 days prior and cleared as healthy and gaining weight adequately. The judge's decision to sever was based on the caseworker saying that I have had with my ex that had a domestic violence charge. I had no opportunity to address this is issue. During the case I went through outpatient treatment, anger management, parenting classes and had clean drug tests for the entire 9 months. I consistently went to all my visits, was always prepared and was even told that I didn't need to do level parenting because my parenting ability was adequate for my 3 children. I was supposed to be getting home visits and moved to unsupervised visits shortly after and instead was blindsided by children's attorney filing this motion. Immediately after the trial date was set I was given a different court appointed attorney and at the pretrial settlement conference there was literally no discussion and the children's attorney has never once throughout the whole case contacted me directly. I have filed a notice of appeal but my dear is that the entire system seems rigged and that it will accomplish nothing. The foster mom is willing to adopt them but my aunt has come forward and requested to adopt them. Also the 2 youngests case was separated from my oldest who is 12 because they are under the age of 3 even though they had told me that they would track them with they're older half brother.

You need a lawyer...months ago.

Oh yes the system is rigged even though you fully admit that you had a violent ex living with you and that you had a drug problem, anger issues, etc. But yes - it's the state's fault you had your kids taken away.
 
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