On Nov, 2nd, 2010, the state of Va wrongfully terminated mine and my husbands parental rights of our two sons. They said it was because my husband has a criminal record(even though he isnt a felon), they said said it was because we live in a hotel(along with at least 100 other families in our area, because living in a motel isnt against the law), they said it was because my older son is on the autism spectrum and he's ADHD(I'm ADHD and his father is ADD) and because my younger son has allergies(I am a certified Medical Assistant, and His foster mother has him around cats which is allergic too) Since Nov, 2nd, 2010, we have not been able to see our two boys, Foster care told us to get in contact with the Foster Parents to see the boys and told the Foster Parents not to have any contact with us. My oldest son's foster parents wants the boys to return home, were as my younger sons foster mother does not. My husband and I completed are the required testing and programs in order to have our children return home. The Doctors at the CHKD for our parental evaluations and the Doctors for our Psyhological exam all said that they had no reason to have our kids in foster care and they should be returned home. I have had people tell me to just go file for custody of my kids, and my court appointed lawyer wont answer any questions for me, neither will my husbands lawyer. We just want to know what we can do to get our children home. We appealed the decison and the case went to the VA court of appeals and we are waiting for there decision.
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State wrongfully terminated parental rights...What can we do?
- Thread Starter kellyw88
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jacksgal
New Member
You wait for appeal hearing there isnt much you can do at this point
Proserpina
Moderator
The state does not have to find a list of things illegal in order to terminate your rights - they simply need to find that there is enough risk to the welfare of the kids to justify it.
What exactly does your husband's criminal record include?
Is there a history of not treating the allergies and the autism?
There is a lot more to this story.
What exactly does your husband's criminal record include?
Is there a history of not treating the allergies and the autism?
There is a lot more to this story.
His criminal record includes driving without a license(3), misdemeaner assult(1),and a # of traffic violations from almost 10 years ago. No crimes against children and no felonies
My older son who is on the spectrum started receiving services from Child Development Resources when he was 2 weeks old and continued with them until he was too old for the program at 3.
My younger son was only tested for his allergies on 6/22/10, after he was already in Foster Care. As babies, both of my sons had allergies to regular formula and were both on sensitive formula. My older son was also colic and had acid reflux as a baby that we had him treated for.
My older son who is on the spectrum started receiving services from Child Development Resources when he was 2 weeks old and continued with them until he was too old for the program at 3.
My younger son was only tested for his allergies on 6/22/10, after he was already in Foster Care. As babies, both of my sons had allergies to regular formula and were both on sensitive formula. My older son was also colic and had acid reflux as a baby that we had him treated for.
army judge
Super Moderator
While a case is on appeal, you have no other recourse but to wait!
If you had lots of money, there are a few legal maneuvers that a lawyer could make. But, that seems to be a moot point in your case.
Patience is required.
Are you sure your husband has revealed his entire criminal past to you?
Nothing in what you recited about his criminal history could cause a tumult such as this. When I've seen this, there is some kind of child abuse or sexual abuse/assault matter involved. If I were you, I'd do some secret sleuthing just to be sure!
If you had lots of money, there are a few legal maneuvers that a lawyer could make. But, that seems to be a moot point in your case.
Patience is required.
Are you sure your husband has revealed his entire criminal past to you?
Nothing in what you recited about his criminal history could cause a tumult such as this. When I've seen this, there is some kind of child abuse or sexual abuse/assault matter involved. If I were you, I'd do some secret sleuthing just to be sure!
Proserpina
Moderator
I tend to agree, AJ.
While I concede that sometimes the state overreaches and acts out line, I do not believe this happens on a regular basis.
There must be more going on here than what has been said.
Unless there has been severe neglect and/or abuse, the state will generally give the parents at least one chance to rectify the situation and redeem themselves; TPR is usually the last resort and rarely the first course of action.
Heck, these things mentioned aren't enough to justify a custody modification between two estranged parents, let alone a TPR!
While I concede that sometimes the state overreaches and acts out line, I do not believe this happens on a regular basis.
There must be more going on here than what has been said.
Unless there has been severe neglect and/or abuse, the state will generally give the parents at least one chance to rectify the situation and redeem themselves; TPR is usually the last resort and rarely the first course of action.
Heck, these things mentioned aren't enough to justify a custody modification between two estranged parents, let alone a TPR!
I have his whole criminal record. The only other thing involving his record is the Judge in our case was the Judge in 2 of his cases.
But as far as abuse, our children were never abused. Physically, sexually, or mentally. My older son was getting ready to start the head start program. I mean I understand that they don't like that we currently live in a motel, but that isnt illegal. My children had never been exposed to anything harmful to them. My husband and I are drug and alcohol free, nothing for them to get into.
I understand that the motel is not the ideal place to have a family, but it is also not against the law, according to CPS. That there is nothing wrong with having a family in a motel. But otherwise, both my kids always had everything they needed, they never lacked in anything.The Judge didn't like the fact that I am the breadwinner in our family and my husband is the stay home parent.
I understand that my husband has not always been the most law abiding citizen, but I myself would have turned him in if he would have done anything to my kids.
Its the waiting part of this case thats killing me.
But as far as abuse, our children were never abused. Physically, sexually, or mentally. My older son was getting ready to start the head start program. I mean I understand that they don't like that we currently live in a motel, but that isnt illegal. My children had never been exposed to anything harmful to them. My husband and I are drug and alcohol free, nothing for them to get into.
I understand that the motel is not the ideal place to have a family, but it is also not against the law, according to CPS. That there is nothing wrong with having a family in a motel. But otherwise, both my kids always had everything they needed, they never lacked in anything.The Judge didn't like the fact that I am the breadwinner in our family and my husband is the stay home parent.
I understand that my husband has not always been the most law abiding citizen, but I myself would have turned him in if he would have done anything to my kids.
Its the waiting part of this case thats killing me.
army judge
Super Moderator
Madam, I meant no disrespect towards you or your husband. You need not litigate your case on this forum. None of us possess any power to help or harm you. We simply try to offer advice that a person could use to help their legal position.
I have seen women and men argue they know everything about their spouse or partner. In the end, they knew only what that person had shared. People sometimes have deep, dark secrets from their youth or a prior life.
I represented a couple once in a circumstance much like yours. Unbeknownst to the wife, her husband had five rape convictions as a juvenile. He had numerous other sexual offenses against males in the military. All I'm saying is that the state is abusing their power, or there be things you have yet to discover. Trust, but verify; trust, but verify; indeed!
I have seen women and men argue they know everything about their spouse or partner. In the end, they knew only what that person had shared. People sometimes have deep, dark secrets from their youth or a prior life.
I represented a couple once in a circumstance much like yours. Unbeknownst to the wife, her husband had five rape convictions as a juvenile. He had numerous other sexual offenses against males in the military. All I'm saying is that the state is abusing their power, or there be things you have yet to discover. Trust, but verify; trust, but verify; indeed!
I'm sorry I didnt mean to come off sounding like a lunitic. The whole situation with my kids has me completely stressed out.
I do appriciate your advice and information reguarding the case, Its just that since this case began everyone involved from a legal stand point has belittled our family.
I am waiting currently for a copy of his criminal record from the VA state police to come in, I know of his crimes as an adult, but I thought Juvenile convictions werent allowed to appear on those records.
I honestly believe the state is abusing its power in our case. I mean, like I said, The Judge knows my husband from his past, but this same Judge gave a walk to two teen robbers last year, which i thought was a disgrace to the justice system.
I have alot of respect for the legal system, I just feel that this was an injustice.
I do appriciate your advice and information reguarding the case, Its just that since this case began everyone involved from a legal stand point has belittled our family.
I am waiting currently for a copy of his criminal record from the VA state police to come in, I know of his crimes as an adult, but I thought Juvenile convictions werent allowed to appear on those records.
I honestly believe the state is abusing its power in our case. I mean, like I said, The Judge knows my husband from his past, but this same Judge gave a walk to two teen robbers last year, which i thought was a disgrace to the justice system.
I have alot of respect for the legal system, I just feel that this was an injustice.
army judge
Super Moderator
No problem, I can imagine that you are under many pressures.
So, hang in there and keep your eyes and ears open.
No, anything a person has ever done can and is used against them later.
So, if he's done something along the lines I mentioned above, that could be affecting your family now!
No need to respond in public about it, but if you know about it, the law does, too.
God bless.
So, hang in there and keep your eyes and ears open.
No, anything a person has ever done can and is used against them later.
So, if he's done something along the lines I mentioned above, that could be affecting your family now!
No need to respond in public about it, but if you know about it, the law does, too.
God bless.
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I am curious as to the type of motel you are staying in...Is there illicit/illegal activities going on? Drug? Prostitution? Is it a "known" location for illegal actions?
I DO know that CPS across the nation is developing, (for wont of a better term), a reputation for taking children from legally FIT parents.
I would look into attorneys that specialize in helping parents deal/fight with CPS.
Please refer to www.massoutrage.com
The attorney that is mentioned might be able to refer you to a VA attorney to assist you.
I DO know that CPS across the nation is developing, (for wont of a better term), a reputation for taking children from legally FIT parents.
I would look into attorneys that specialize in helping parents deal/fight with CPS.
Please refer to www.massoutrage.com
The attorney that is mentioned might be able to refer you to a VA attorney to assist you.
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No, I work at the hotel that we live at, and have no illigal/iliicit problems. We have 1 other family living here with 2 small children. I know the county demolished the 1 hotel in town that was known for illigal/illicit problems almost 2 years ago. But out here, we havent had such problems
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