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Parental rights taken by state agency for drug and firearms charges which were subsequently dismisse

Discussion in 'Child Custody & Visitation' started by Carrington Keys, Nov 9, 2018.

  1. Carrington Keys

    Carrington Keys Law Topic Starter New Member

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    Jurisdiction:
    Pennsylvania
    Can I file suit for wrongful termination against an agency which demands That I stay away from my child after being arrested for drug and gun charges, which I was not convicted of?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Suing a government agency is a complicated and expensive procedure which will cost you many, many thousands for a lawyer (money I'm guessing you don't have) and is likely to end in favor of agency anyway.

    Since you weren't convicted there may be a simpler process for getting your child back.

    Maybe the agency will tell you what it takes. Ask. If you aren't satisfied with the answer, consult a lawyer.
     
  3. flyingron

    flyingron Well-Known Member

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    There's more to it than you just being arrested. You would best be advised to speak to an attorney.
     
  4. zddoodah

    zddoodah Well-Known Member

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    Were your parental rights terminated? Or has this unnamed agency simply made a demand on you?

    I'm not in Pennsylvania, but actual termination of parental rights normally requires a court order, not merely agency action. Regardless, if your parental rights were terminated, there is some sort of process whereby you can appeal the termination, but suing the agency will not be the appropriate procedure. Needless to say, if the termination is not overturned, any sort of lawsuit would be pointless.

    It's also worth pointing out that the there mere lack of a conviction doesn't mean it wasn't factually appropriate to do whatever was done.
     
  5. Carrington Keys

    Carrington Keys Law Topic Starter New Member

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    What factual basis can there exists without clear and convincing evidence. I know I haven't graduated from law school, but I know there is a standard of evidence that has to exist in order to terminate someone's parental rights. It's a shame, talking to some Lawyers are like talking to the State, but then again, the court system consists mostly of Lawyers. I guess I am better off doing my own research.
     
  6. Highwayman

    Highwayman Well-Known Member

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    Good luck. I predict you will not attain the goal you seek without professional legal counsel.
     
    army judge likes this.
  7. army judge

    army judge Super Moderator

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    There are a few lawyers volunteering on this board, there are also a few laypeople.

    Lawyer or layperson, we will not do legal research or dispense legal advice.

    If it is legal advice you wish or the results of legal research you hire yourself a lawyer.

    Seeking free legal advice is as useless as seeking free medical advice, marital advice, plumbing advice, autmobile repair advice, etc...

    I wish you well in your quest to restore what you believe was purloined from you.
     
  8. zddoodah

    zddoodah Well-Known Member

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    Or you could...you know...answer the questions I asked.
     
  9. mightymoose

    mightymoose Moderator

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    A conviction is not necessary.
    If conditions existed that put children at risk then the termination may be justified.
    I can only speculate why this action was taken against you, but it seems likely it was based on details you did not provide here.
     
  10. Carrington Keys

    Carrington Keys Law Topic Starter New Member

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    It's a good thing your not a judge in family court and don't have a clue what your talking about. I actually posed this question on behalf of a friend and I later found out that his parental rights were not actually taken by a court, but apparently some Agency people who are of like minds with you are attempting to terminate his parental rights or make recommendations to that effect. Prejudice and sick minded individuals like to break up families or see them broken up. A nation of hypocrites, don't want Mexicans in America, but most people of European descent are descended from people who were immigrants from Europe, by the way, didn't have green cards, and at the end of the day, a large portion of this land was actually stolen from Mexico. That's called receiving stolen property. I know people like you don't want to harp on the real facts, but you want to judge everyone else.
     
  11. leslie82

    leslie82 Well-Known Member

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    What are you talking about? Yeah "a friend." Okay. His response was actually correct in that a judge could terminate someone's parental rights even if not convicted of whatever the crime was. It's up to the state's laws and the judge on that case.

    I don't think any "agency" can relinquish parental rights. As far as I understand, it requires a court order signed by a judge. So whatever your "friend" was told perhaps he or she needs to hire a lawyer to fight for them to clarify what's happened.

    What "prejudice" and "sick mindedness" are you talking about? What does this have to do with immigration or racism? It has nothing to do with your original post. Are you just trolling now?

    If you or your friend were wronged regarding parental rights it is in your best interest to hire a lawyer as that person is the only one who can help you. Even any lawyers on here cannot help you. Read the disclaimer on the bottom...
     
  12. flyingron

    flyingron Well-Known Member

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    "Rights" can only be removed by the court. Even in the case of emergency removal of the child (which is different than rights or custody being changed), it still takes a court order in Pennsylvania. The agency can't just run off with the kid on their own.

    In any proceeding, while a conviction can certainly count against you, not being convicted means nothing, as given the totality of the situation, the child could be removed even if the parent had never even been charged.

    Given the complete absence of details and the fact that what has been relayed by the poster has to be incorrect, it's impossible to say. As I said in my first response: THERE'S SOMETHING MORE GOING ON HERE. The involved party needs an attorney.
     

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