Header

Forum Left Top
Welcome to the LawInfo’s Legal Forums
By joining us today you can participate in our active and growing community. You will first need to register in order to participate in the discussion boards, using a login name and password. Click here to be directed to the registration page.

Lawinfo Home >> Click Here For Exclusive Statewide Sponsorship


Reply
 
Thread Tools Display Modes
  #1  
Old 09-02-2010, 04:09 PM
sherrifrederick1005 sherrifrederick1005 is offline
Junior Member
 
Join Date: Sep 2009
Location: Greenwood, IN
Posts: 2
Default reversing/vacating wrongful termination of parental rights

i am in need of someone to help me find a way to reverse a Clearly erroneous "Termination' Of Parental rights" in IN.
The statutory requirements were not met, it was not found to be in the "Best Interest" of my child, the state did not meet it's burden of proving that i was any kind of credible threat to the safety or well being of my son, there was no judicial determination that reasonable efforts were failing or that i wasn't cooperating with "Services" which were few and far between for ME, but my son received PLENTY Of them;
there was no finding of parental unfitness and there was certainly no substantiation of abuse or neglect. NOW then, this leaves a boatload of ludicrous reasons for the "Termination" that alot of people who have seen REAL "Terminations" scratching their heads.
so, if i have never abused or neglected my son, am not an unfit mother and the allegations of the petition were not proved, what options do i have??
Oh, there was also a "Pathetic" and FRIVOLOUS Appeal that was of course, affirmed, but the appeals court judges did not conduct a meaningful review of the issues, as pointed out previously, because if they had, the would certainly have reversed and remanded for a new trial, since i did not have an opportunity to be heard, present witnesses, counsel was about as effective as a dead rat and the judge did not follow the rules of trial procedure and other elements of the law that required him to dismiss the case.
Please help, i haven't seen my son in over 2 years and i am not taking this well. HE has some serious emotional issues that i believe are being exacerbated by this forced separation from his VERY LOVING, fit, clean,sober and responsible mother!! i can't possibly imagine this is having any sort beneficial effect on him; much less what it is doing to me...........
thanks in advance for your help.
Reply With Quote
  #2  
Old 09-02-2010, 08:33 PM
aardvarc aardvarc is offline
Senior Member
 
Join Date: Jul 2007
Posts: 1,890
Default

You need to be sitting down with the best family law attorney you can find...and QUICKLY. If your case has already had an appeal, then any possible course of action for additional appeal must come within prescribed time frames. If it's been two years since the appeal was upheald, I suspect that you're WAY outside any additional appellate relief to a higher jurisdiction (you usually have 90 days).
__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org
Reply With Quote
  #3  
Old 09-03-2010, 05:10 AM
sherrifrederick1005 sherrifrederick1005 is offline
Junior Member
 
Join Date: Sep 2009
Location: Greenwood, IN
Posts: 2
Default

[B][COLOR="Gray"]well, here's the rub, attorneys cost money, BIG money that i do not have at this time. I am working, but only part time, due to the economy. THe appeal was "Affirmed" in 2009, so it has been just over a year. Lack of finances is why i am posting on this forum. Most attorneys want a retainer way out of my reach, plus additional fees for revewing the case file. I would like to be able to file a motion to intervene, since there is a hearing in late October, i would truly appreciate some help to that end. Additionally, i would like to know if i can get some insight on getting a Belated Petition to transfer to the Supreme court, since there are numerous constitutional issues at stake, which i will be happy to explain......
Reply With Quote
  #4  
Old 09-03-2010, 07:16 AM
aardvarc aardvarc is offline
Senior Member
 
Join Date: Jul 2007
Posts: 1,890
Default

This isn't the kind of thing you're going to be able to accomplish WITHOUT an attorney (and even WITH one, you may already be past the time for additional action on the issue) - one who practices in the courts with jurisdiction over the issues, and, one who has the ability to obtain the case file materials and digest the exact wording of the court's (and appellate court's) findings and actions. This isn't something you'll be able to attack via advice from an online forum. Yes, attorneys can be very expensive. They are also often the ONLY way to even begin to attempt to address complicated issues such as overturning an affirmed TPR case. Less than 1% of TPR cases with affirmation get overturned, even with TEAMS of attorneys working on the case. I know that's not what you want to hear, but you are absolutely not going to have a shot at overturning this without one. Has this been appealed to your state's superme court?
__________________
While pointers can be helpful, ultimately the number one lesson in any legal action is: don't take legal advice from books, family, friends, co-workers, police officers, grocery clerks, web sites, or people on legal message boards. The only person who can give YOU legal advice is YOUR attorney.

http://www.aardvarc.org
Reply With Quote
  #5  
Old 09-07-2010, 05:42 PM
moderator moderator is offline
Moderator
 
Join Date: Sep 2006
Posts: 15,249
Default

I agree with aardvarc on this one. Have you browsed through the information in LawInfo's Free Legal Resource Center to learn more about your issue yet? See: http://www.lawinfo.com/consumer.html and http://resources.lawinfo.com/en/index.html. You can certainly try to speak to a lawyer to determine what legal options may be available. In the meantime, you may be able to learn more on your own. Search the "Free Legal Resources" tab, or browse the Consumer Resources. Good luck.
Reply With Quote
Reply

Tags
parental rights, remedies


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump





Forum Right Top
Forum Left Bottom Forum Right Bottom
 
Right Left
Member Login
Forgot password?

Not a member? Click Here to Register.
Forum LeftForum Right


Attorney Search
1. Choose an Area Of Law


2. Choose Your Location

   

 

Forum LeftForum Right


Most Popular Forums:
Immigration
(Federal)
 5829
Texas
(Family Law)
 5505
California
(Business and Corporation)
 2748
California
(Family Law)
 2675
California
(Labor and Employment)
 2039
Forum LeftForum Right


Forum Statistics:
Forum Members: 56,290
Total Threads: 29,463
Total Posts: 67,318
There are 52 users
currently browsing forums.
Forum LeftForum Right
Right Right
Right Bottom Left Right Bottom Right