Return my child, there's no court order

[Alockharty]

Jurisdiction

Florida

Hello, thank you for taking your time for my family.
I decieded to ask my question after reading many post from other people. None of them seem to coincide with my current circumstance.
Friday January 15th CPS, showed up at the house I was currently moving out of.
Stating they had alleged accusations of abuse on my 13mo. Son. Also, alligation's of drug use toward my boyfriend 33yr. and myself 37yr.

The CPS agent stated: These accusations came from the father of my boyfriend.Who's home we were moving from, at that time.
The father of my Boyfriend, had recently failed a urine analysis for his felony probationer.... huh....
I politely answered the question's as I continued to pack up our things.
No big deal.....
Agent wants to see my Son in physical. He is not there, had not been there. And, has been with my Sister, for the week. (untill we were moved completly out) .
While we managed a uhaul. And storage.ect. to get out by Monday. On our own behalf.

Post, our lives changing.....
Not wanting to bring our Son back to the mess and needing time with one another.
We had made prior arrangements to pick up our Son. And go camping for the weekend. We had the sight all ready set up. And ready for our family to be at peace together.
Only living with my boyfriend's Father since Dec. 1st. and having to move again for no reason. Was extremely stressful... on us all.
Now, the circumstances change when i cant produce my Son immedietly. Still answering the agents alleged accusation and assured that none of that was true.
I explained our circumstance which I feel, made it worse.
There was extreme pressure on me. By the agent. There were a million things that were stated as to which the agent was assuming. and upon not revealing my Son at thier request things changed real quick. Again, I tried explain the series of events and circumstances we were under. House not up to my code, bizarre behavior from the owner of the home, my boyfriend's father, moving. Ect.
I was alone, upset & confused.
Facts is that they were putting me under duress.
Accusing me of selling medications (narcotics) I obtain by a licensed physician. and need everyday. After being diagnosed 2005 with AML leukemia.
At first I refused a urine sample.
And then....
CPS made me sign over temporary custody to my sister. Or put him in temp. Custody of the state.

So, later that evening....
After, all the Sheriffs and Agents bombarding us with accusations.
Trying to remain calm, and not dig deeper. Everything we'd say would get twisted into this huge thing. So, we realized just don't talk.
We meet at My sister home and The Agent advised, basically we had no rights and must comply or loose our son.
My boyfriend and I did as requested.
signing all sorts of papers and speaking to the CPS Agent and those with the Safety Program. At that time & Afterwards.... I couldn't tell you a thing they said other than we are "TAKING YOUR SON AND PLACING HIM IN TEMP. CUSTODY" .... with a family member.
Now, my Son was taken, no camping, no leaving the county, supervised visits. Ect. Until we met the requirements of the state and the CPS Agent. supervised visits. Meeting 3 days a week.. meeting with who knows who or what kind of social worker is coming that day. ***We have gotten a notebook and have begun to take notes titled notes to our lawyer.*** also, any further Meeting will be filmed, not just voice recorded. for our protection.
We're meeting 2to 3 Times a day. Like we don't have lives. And also, WE WERE MOVING THAT MONDAY... after our campingearlier trip.
I have receipts of storage and a Uhaul rental for 4 days prior to "The Visit." Showing we were well on our way to hauling our lives right out of there. To my Moms house on the other side of Florida.

Now, weeks later, we have submitted to all requests.
3 to 4 days a week counseling, meeting with drug counselors and so forth. & drug testing. Obserd!!!! My Gosh, really?
Not to mention...
The next day after he was taken. We submitted urine.
Now, 3 test in for us both..
and clean. No light in sight on moving forward. Let alone, managing a plan of moving our 2 bedroom home and our family a cross the state....

They are saying to get him back we must do as told. When, at what point who makes that happen and decieds our fait ??
We have asked the Agent to please let us atleast go as we were moving to another county. So my boyfriend can work and we can move forward. Mind you none of this has been court ordered....

Finding out later....
This agent assumed we were living at the campsight we had reserved and had set up. Ready to camp. Post "the visit"
Agents refused to let us take our Son to the park. That Monday we were MOVING 200 miles away. To Brevard county. To my mothers. My Boyfriend had a job lined up. I stay at home with my 13mo.old son. Continuing on with our lives.
Thus, moving once again, We are staying with friends and mostly living out of our storage unit.
There is no preparing for what We must do, to meet thier requirements. Again, we were not court ordered. And have been completely cooroperative.
Do we have any rights here I feel a system that'd suppose to help us.
Has completely sabotaged our lives.
And my families also. My sister whom has 2 teenagers in school.
1 teenager has to stay out of school. and sit after my 13mo.son. While the other attends school for the day.
I can't stay there because I must be supervised... AT ALL TIMES.

AGAIN, NONE OF THIS HAS BEEN COURT ORDERED.
We have a terrific support system..
and have no answer from them how long this could last.
We have been at my sisters as much as we can. dinner, bath& bed... just isnt enough. We have to leave everynight going to a temporary place without him.
I can see the extreme stress my Sister is under. The hustle of having a 9-5 job. 2 girl teenagers and now a 13mo old son.
Please, if you could advise us of our rights and possibly any suggestions, on how to resolve the issue.
**We have sought to righting a letter of
Revocation of temporary custody. Getting an officer and going to pick up my son.... is it that easy? Thank you so much.

??????

New Family in Distress,
Miss A. Helsley
Mr A. Aaron

 

[ElleMD]

It is very difficult to follow your post. The gist seems to be that as you were preparing to move out of a home which was unsuitable for a child, the child's grandfather made a report to CPS. You were questioned. Your child was staying with your sister while you moved. Your sister now has temporary custody and you are complying? with the investigation.

No one here has any idea if there is merit to the accusations or what the investigation has turned up. Just showing up and taking the child is a horrible idea that will not end well for you. You mention an attorney. If you actually have an attorney, that is who you need to speak with about your legal options. So far everything you describe is entirely legal. How this ends depends on the investigation and your behavior.

 

[army judge]

You have the right to have an attorney represent you.
Read the attached information and request that CPS explain to you your right to obtain state appointed attorneys for each family member, including the child.
In the meantime, do yourself a favor and simply say, "I want an attorney appointed to assist me. I will use my right to avoid self incrimination and politely decline to discuss this matter further until I'm represented by counsel."

Then, be polite, but be firm and stop talking.

Department of Children and Families (DCF) :: Orlando Spousal Support Lawyer AAA Family Law, LLC


Appeal Hearings | Florida Department of Children and Families

Florida Department of Children and Families - Policies and Procedures

 

[Alockharty]

It is very difficult to follow your post. The gist seems to be that as you were preparing to move out of a home which was unsuitable for a child, the child's grandfather made a report to CPS. You were questioned. Your child was staying with your sister while you moved. Your sister now has temporary custody and you are complying? with the investigation.

No one here has any idea if there is merit to the accusations or what the investigation has turned up. Just showing up and taking the child is a horrible idea that will not end well for you. You mention an attorney. If you actually have an attorney, that is who you need to speak with about your legal options. So far everything you describe is entirely legal. How this ends depends on the investigation and your behavior.

Goodmorning. Thank you, for taking time to follow up so quickly.
I'm wondering in reference to the word "legal" in your post. Was it toward myself, or toward CPS?
Yes, we have comlpied to all of thier accusations, and request.
Yes, the house was unsuitable. ( we didn't learn of the problems untill after mover' s had dropped our belongings and turned on.
I had plans to move out the moment we moved into the falling down home. I've since then reported the home to our county code enforcers. I have a ref. #
Also, I've learned a few days ago.
Boyfriends, father was arrested in violation of his felony probation.
Our son was at my sisters a week. Prior to them showing up....
There making us feel as our disecion was not the most effective. We're being punished for making that decision. (Of letting him stay the week there.) We had a uhaul packed and ready to leave the county. And that had been determined weeks prior.

The gist is, we are now not aloud to leave the county.
we are without our 13mo. Son. Whom, we have been with everyday. since he was born. My Boyfriend is not working now, I'm on ssi, and we are staying with friends who want all this money . dont have. It's like they are giving us our very own special rope to hang ourselves.
Considering, they are "only trying to help us." help us hand over my child, nice and easily.

We're moving cause it has been in our best interest and plans since our son was born a year ago in Nov. my boyfriend found a better paying job in another county.
We just financially couldn't afford it. So, a year later as we are uhaul packed and ready.
They step in and say, sorry not untill we decide so...
We have requested to CPS that we transfer (to the county we are moving) and 18 days later we are still sitting here questioning if she is even gonna call us back. they had a meeting last Tuesday and said it would be considered. But again. Not a word.

We have complied. With everything they have asked us. Meetings, drug samples, requested paperwork on my son and I. Every medicine I've ever been givin. I have maintained my medications since 2005, being monitored by a panel of respective cancer doctors. At H. Lee Moffitt Cancer Institute. Including pain management and palitive care.
There is no question that they are using everything we say and do against us. Because, that's exactly what's happening.
Its turing very quickly into what thier perception percieves.
Llidetail of a normal families life. That is disfunsional. We are feelings of guilt although, we have not done ANYTHING wrong, only look to the best interest of us all. No laws have been broken.. no signs of abuse or neglect. Just a family that picked a bad home to rent.
Clearly, they have thier own adgenda.
After reading over our papers. No judge has signed off on anything.
**We are considering a hand writing a Revocation of Temp. Custody. letter. Notarized and signed by 2 others, that don't know us. And arrange the local law enforcement to meet us at my sisters. And pick up our son. And do as we were. Moving away. To our destination. That we have already had lined up for months. And paid for.
Are resourses are getting very limited. And can't afford legal representation.
Please, advise as best as possible. We're so appreciative to your time and response. We have a meeting soon. And not sure if we comply or lawyer up. We feel that it's our birthright to be protected by the United States of America Constitution. Against unjust, unfairness, and harrasmet by government officials.

Thank you,
Miss A. Helsley
Mr A. Aaron

It is very difficult to follow your post. The gist seems to be that as you were preparing to move out of a home which was unsuitable for a child, the child's grandfather made a report to CPS. You were questioned. Your child was staying with your sister while you moved. Your sister now has temporary custody and you are complying? with the investigation.

No one here has any idea if there is merit to the accusations or what the investigation has turned up. Just showing up and taking the child is a horrible idea that will not end well for you. You mention an attorney. If you actually have an attorney, that is who you need to speak with about your legal options. So far everything you describe is entirely legal. How this ends depends on the investigation and your behavior.

 

[ElleMD]

Nothing in your post suggests CPS is violating any laws, nor are your constitutional rights being violated. Your current living arrangement with friends is not of concern to CPS. Their obligation is to your child, not your budget. None of us have any idea what the allegations were against you. We have no idea how you answered those charges when questioned. You imply that whatever you said has further complicated the investigation.

They are not going to hand a defenseless child over to you because you want to move. Nor can some other county where you have not lived investigate what happened when you lived elsewhere.

You would be wise to contact legal aid or law school clinics in your area for low cost or free legal assistance.

You keep mentioning the boyfriend's father and his legal troubles but they have nothing to do with this per se, though if you were living with a felon, depending upon the charges and conditions of his probation/parole, then yes, that could be problematic for you. You seem to be implying that the grandfather's report to CPS should be discounted due to his criminal background but that is not the case.

 

[army judge]

Goodmorning. Thank you, for taking time to follow up so quickly.
I'm wondering in reference to the word "legal" in your post. Was it toward myself, or toward CPS?
Yes, we have comlpied to all of thier accusations, and request.
Yes, the house was unsuitable. ( we didn't learn of the problems untill after mover' s had dropped our belongings and turned on.
I had plans to move out the moment we moved into the falling down home. I've since then reported the home to our county code enforcers. I have a ref. #
Also, I've learned a few days ago.
Boyfriends, father was arrested in violation of his felony probation.
Our son was at my sisters a week. Prior to them showing up....
There making us feel as our disecion was not the most effective. We're being punished for making that decision. (Of letting him stay the week there.) We had a uhaul packed and ready to leave the county. And that had been determined weeks prior.

The gist is, we are now not aloud to leave the county.
we are without our 13mo. Son. Whom, we have been with everyday. since he was born. My Boyfriend is not working now, I'm on ssi, and we are staying with friends who want all this money . dont have. It's like they are giving us our very own special rope to hang ourselves.
Considering, they are "only trying to help us." help us hand over my child, nice and easily.

We're moving cause it has been in our best interest and plans since our son was born a year ago in Nov. my boyfriend found a better paying job in another county.
We just financially couldn't afford it. So, a year later as we are uhaul packed and ready.
They step in and say, sorry not untill we decide so...
We have requested to CPS that we transfer (to the county we are moving) and 18 days later we are still sitting here questioning if she is even gonna call us back. they had a meeting last Tuesday and said it would be considered. But again. Not a word.

We have complied. With everything they have asked us. Meetings, drug samples, requested paperwork on my son and I. Every medicine I've ever been givin. I have maintained my medications since 2005, being monitored by a panel of respective cancer doctors. At H. Lee Moffitt Cancer Institute. Including pain management and palitive care.
There is no question that they are using everything we say and do against us. Because, that's exactly what's happening.
Its turing very quickly into what thier perception percieves.
Llidetail of a normal families life. That is disfunsional. We are feelings of guilt although, we have not done ANYTHING wrong, only look to the best interest of us all. No laws have been broken.. no signs of abuse or neglect. Just a family that picked a bad home to rent.
Clearly, they have thier own adgenda.
After reading over our papers. No judge has signed off on anything.
**We are considering a hand writing a Revocation of Temp. Custody. letter. Notarized and signed by 2 others, that don't know us. And arrange the local law enforcement to meet us at my sisters. And pick up our son. And do as we were. Moving away. To our destination. That we have already had lined up for months. And paid for.
Are resourses are getting very limited. And can't afford legal representation.
Please, advise as best as possible. We're so appreciative to your time and response. We have a meeting soon. And not sure if we comply or lawyer up. We feel that it's our birthright to be protected by the United States of America Constitution. Against unjust, unfairness, and harrasmet by government officials.

Thank you,
Miss A. Helsley
Mr A. Aaron

I just reread my post, twice.
I never used the word legal in my post.
However, you astutely discovered that your dilemma has become a LEGAL problem for you.

You may never get your child back, even if you ask CPS for a court hearing on the matter of the child.

A notarized is useless, other than to attest to the fact that you signed a document in the presence of a notary. Such a document has no leal significance.

Again I suggest you read the information on the documents provided to you by CPS and/or the police.

Somewhere in that mound of paper you'll find how to request a court hearing and receive a taxpayer funded lawyer to represent you, the father, and the child.

Good luck.