parental rights Terminated

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fire507

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I recently testified for a student of mine that had his parental rights terminated. 5 yrs ago his now exgirlfriend took there 1month old from Key West Fl. to visit her family in Tn, for Thanksgiving after a week or so she told my friend that she wasent going to go back to Key West and that if he didn't come to Tn he would not be allowed to see his daughter. he tried to talk but eventually her parents came to pick up her car and some items that my friend had for the baby, and told my friend he would be advised to not try and have anything to do with his daughter. He loved his Ex and didn't want to get law enforcement involved, and after a bit he lost his job do to depression of everything. My friend did get a lawyer to write a letter to his Ex to advise her he wanted to see the child and his intentions were to have her bring the child back to Florida and they would work out a plan. she ignored the letter. My friend had no money to seek any legal counsil and could not afford to pay attention. The Ex had the childs name changed with out consulting my friend or letting him know of it one year after she left Florida. My friend tried to send money and gifts to in some way stay intouch with his daughter but was again told to leave well enough alone, So my friend had his mother and sister send the money and the gifts, in which she gladly cashed!!! My friends Ex found a man last yr and got married, then he was served papers about the court case to have his parental right terminated about 4 months ago, his roomate gave him the papers not the server, but he responded right away with a letter stating he had no intentions in giving up his parental rights, two weeks later he was actually served with the same papers as earlier. My friend was able to obtain legal counsil ( this is another part of the problem, i'll get to later ) a few emails and a breif meeting before the hearing and my friend lost his right s to see his little girl thats been his drive to suceed in life. The Ex's lawyer submitted a document that was said to have been refused by my friend it was from another county where she use to reside and was supposed to have been a request for my friend to establish visitation and some sort of child support, however my friend never recieved this document and certainly didn't refuse such an opportunity, but the judge went right to termination of his parental rights. After everyone came out of the court room we witnessed the Ex's father hugging and shaking hands with the judge and his wife hugging the staff at the courthouse I found this unsettling at best, and when we ask my friends lawyer he stated the judge would never be swayed an any case, he said he new her the judge was his mothers next door neighbor...... My friend has less than 5 days to appeal this case and his lawyer now has bowed out and wont help him. Looking for help!!!!
 
One more thing, My friend has always wanted to have a relationship with his daughter, just over time his life got harder and harder, and he keeps coming up short, now more than ever.
 
What exactly is your legal question?

It would seem that your friend's parental rights were terminated (and this does NOT happen without a good reason)...was there an error in law which your friend now wants to appeal?

(for what it's worth, simply disagreeing with the decision is not grounds for appeal)
 
If the judge and the staff at the courthouse are friends with the family of my friends ex shouldn't the judge have to have someone other than herself hear that case?? Seems the case was won without a fare hearing!!!! And the facts showed that he was trying to establish a relationship with his daughter but with a judge that has a friendship on any level should excuse themselves from the case...
 
Parental rights are not terminated easily. Usually, it's because the parent has either been declared unfit, has been determined to have abandoned the child, or happens voluntarily during (for example) a step-parent adoption.

It's not unusual for judges, attorneys and us regular folk to know each other (heck, they have lives too :) ).

So, what did your friend actually do to establish the relationship?

Did he ever file for custody and/or visitation? Was he current with child support?
 
(and how do you know the facts? Were you present at ALL of the hearings? from the very beginning?)
 
There were no other hearings, which is to me a very big problem, my friend was told nit to have contact with the family, so he reached out to us daughter through his mother and sister, which up to 4 months ago was going well and then with one court apperence he has his right terminated, and if the judge did know the family which is ok she should have to remove herself from bearing the case shouldn't she??
 
Your friend needs to speak with an attorney. Your friend is really the only person who knows all the facts - if his rights have been violated, he will need an attorney to represent him.
 
Also, like I said, a petition to have a parents rights terminated MUST include a VERY good reason.

It doesn't happen the way you described, which is why I feel you don't have all of the facts.
 
It did happen the way I described, and I didn't write this info with out getting all the facts, as a matter of fact my friend recieved great news today, the judge is vacating her ruling and is going to allow a new hearing, have you ever heard a judge going against there own ruling??
 
fire507 said:
It did happen the way I described, and I didn't write this info with out getting all the facts, as a matter of fact my friend recieved great news today, the judge is vacating her ruling and is going to allow a new hearing, have you ever heard a judge going against there own ruling??
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Yes, judges do sometimes reverse themselves.

Do teachers often confuse "fare" with "fair"?

In YOUR TOP POST, you indicate that you testified on behalf of a student.

Now you say that you testified for a FRIEND.

Do you think that to be odd?
 
The student, my friend tit for tat, I'm not the judge handing down parental termination, but if I were the judge and I were friends of the family I would have another judge hear the case, as to not get personally involved... I thank you for your feed back!!!
 
so heres another question, the judge has thrown out the last case, so my Student, friend should be able to go see his daughter and start getting to know her right???? There is no judgement and he's still the father, and should be able to go see her.
 
Somebody in this matter is not telling the entire truth of what has transpired.
 
Very simply:

You are not a party to this legal case, hence you do not know every detail.

What you have described is NOT in the norm of family court rulings. I believe there may be critical details missing.
 
I have to agree with you on this, I find this situation to be blurry in every way. I'm just trying to understand all that I can and using this site to gain knowledge. Have you ever heard of hiring a private court reporter???
 
I agree this does all seem rather odd and missing facts. The judge would have to have reason to terminate rights and reasons for then just change her mind. There has to be facts as to why all of this has happened. couldn't your friend file for visitation? Is there any way that the court can order the mother to come back to the state? I thought parents arent able to leave the state unless the other parent approves? Or is that only when the father has already been established in the courts? once he's been established as the father shouldn't she have to come back to where the child was born and the father is for whats best for the child? honestly it's a shame that dad didn't file with the courts sooner for his child. maybe this wouldn't have happened??
 
fire507 said:
I have to agree with you on this, I find this situation to be blurry in every way. I'm just trying to understand all that I can and using this site to gain knowledge. Have you ever heard of hiring a private court reporter???
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Your friend needs to file to establish visitation.

Why would a private court reporter be useful now, if the original decision was overturned?
 
barbie77 said:
I agree this does all seem rather odd and missing facts. The judge would have to have reason to terminate rights and reasons for then just change her mind. There has to be facts as to why all of this has happened. couldn't your friend file for visitation? Is there any way that the court can order the mother to come back to the state? I thought parents arent able to leave the state unless the other parent approves? Or is that only when the father has already been established in the courts? once he's been established as the father shouldn't she have to come back to where the child was born and the father is for whats best for the child? honestly it's a shame that dad didn't file with the courts sooner for his child. maybe this wouldn't have happened??
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Regarding relocation:

If Dad is legally established as Dad and has custody and/or visitation rights, generally Mom needs to have his permission or, failing that, permission from the courts to relocate the child out of state.

Even if Dad isn't legally established as Dad, once he learns Mom has moved he can still request (usually at the same time he's filing to establish paternity, custody and visitation) that the court order Mom to return the child to home state.

The court may or may not grant the request depending on various factors (for example, if Mom has remarried, Dad hasn't bothered using his parenting time, and Mom's husband is military, these moves are more often approved regardless of Dad objecting).
 
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