View Full Version : Unlawful parential rights termination advice
hfight1
Jul 29, 2012, 02:30 PM
I am a father that lost my daughter to the state of CAlifornia. To make a long story short never hurt my daughter, feed her and provided the right nutrients she needs to have to live healtyhy. I had a house, a fulltime job and a safe environment for my daughter at the time. I am just wondering a way to fight to regain my rights if as of now I am wirking 2 jobs, have a saving and life insurance for my daughter, live near a hospital and is a safe environment for my daughter to be raised. I need advice my lawyer was asking for 10,000 dollars to fille a remotion. I can not afford that money soon enough. I need to know if I can get a para legal to help me file the paper work and represent myself. What do I have to loose. I would say a lot more then some of these lawyers want and it would cost less which in return can go to my dauaghters savings. Thanks for your time, Eric Mullins.
ScottGem
Jul 29, 2012, 02:37 PM
Since only a court can terminate parental rights, there is no such thing as an unlawful TPR.
To be able to answer you we would need to know if your rights were actually terminated or just custody taken away? We need to know why your child was taken away. Were is the child now? How old is the child? How long ago did this happen?
GV70
Jul 29, 2012, 02:39 PM
In most States, there is no provision for revoking or reversing the termination of parental rights except under certain circumstances such as fraud, duress, coercion, etc.
State and local agencies and courts make the decisions regarding issues such as child custody, child removal from the home, child placement in foster care, and the termination of parental rights in each State according to State law.
The child becomes a ward of the court when someone (usually CPS) reports mistreatment. Termination is involuntary when the court finds that the parent(s) have abused, neglected, or abandoned a child, and/or that the parents suffer from some mental or physical incapacity, including substance abuse, that prevents them from caring for the child.
I will second Scott's questions.
Fr_Chuck
Jul 29, 2012, 02:54 PM
Agree there was a reason in the past, and most of the things you listed, sound either written right from a text book or law book, but living near a hospital does not matter, and proper food would be a more correct term
You say "never hurt" so I will assume there were charges that you hurt the child, if this is the case, have you received counseling, anger management or anything ?
And just money is not the answer, poor people on welfare have custody and keep their kids