My mother who is been declared legally insane and get disability for this call Children Services and the police department stating that I was beating my children I thought I had this to Smith and took my children up to the police department had them interviewed and the actually looked over their bodies for bruises or any marks, the sergeant that looked over my children and interview them and also came to my home to make sure that I had enough food substantial living arrangements and such and so forth then called my mother and told my mother that the children were just fine and that there was no need to call Children Services, she then called my sons fathers who has not been in their life since they were for there now 11 and 8 and hold them they needed to go and get their kids because they were being beaten got an ex parte a and a cpl against me do I need a lawyer because the sergeant has already completed the police statement already by the way this happened in Ohio. To do children services when I got the ex parte a I went to them and they said they had never gotten a call from anyone and then they're not sure why Children's Services was not looked at before they removed my children, also out of all 3 of these ex parte a zan CPO's I am the only person working right now the only 1 that has their own home and the only 1 that has always been my children's lives.. .

Do you have a copy of the court order declaring your mother mentally incompetent and the police report?

You need to get those then file a motion with Family Court to vacate the CPO. Having a lawyer would be helpful, but with those two documents as proof, it shouldn't be absolutely necessary.

I would check with local law schools, many have clinics to help you prepare paperwork.

Who filed the ex parte, by the way, the father?

My mother and the boys' dads, yes I have the police report but not the paperwork for my mother. Its happening in a TINY town, we have NO law schools close added no one is Wyoming to do pro bono work.. . This is why I'm at my wits end.

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Originally Posted by mothermom

My mother and the boys' dads, yes I have the police report but not the paperwork for my mother. Its happening in a TINY town, we have NO law schools close added no one is Wyoming to do pro bono work. . . This is why I'm at my wits end.

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Willing, not Wyoming.. .

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Originally Posted by mothermom;

Willing, not Wyoming. . .

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Oh. I was wondering if there is a law school in Wyoming.

If you do choose to file something with the court, be sure to get someone to proof-read, paying particular attention to sentence structure. Otherwise, the judge will not be able to understand what you are trying to say.

You can request a subpoena for the court that declared her incompetent. I doubt if she was declared insane, that would usually mean being institutionalized. It is more likely that she was declared mentally incompetent. But if she was, someone would have had to be appointed as a conservator to look after her affairs. Is your father alive? Do you have any siblings? How long ago was she declared incompetent?

Again, your mother has no legal standing so the ex parte hearing request was filed by the boy's father (you said "dads" are there more than one father?). If there are did both file? Where are the children now? How long ago did this happen?

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Originally Posted by ScottGem

You can request a subpoena for the court that declared her incompetent. I doubt if she was declared insane, that would usually mean being institutionalized. It is more likely that she was declared mentally incompetent. But if she was, someone would have had to be appointed as a conservator to look after her affairs. Is your father alive? Do you have any siblings? How long ago was she declared incompetent?

Again, your mother has no legal standing so the ex parte hearing request was filed by the boy's father (you said "dads" are there more than one father?). If there are did both file? where are the children now? How long ago did this happen?

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This just happened this past Monday I couldn't get to the court soon enough to stop the ex parte but I talk to about a half of a dozen lawyers but none of them will help because they all want money up front once again I am a full time mother plus I'm a full time working mother plus I get no child support no help from the state the county or anything I pay all of our bills and plus just bought Christmas how in the world am I supposed to come up with 1500 dollars this is my question to all these lawyers, I would absolutely agree to anyone in this entire world that I would pay them back in payments all I want are for my children to be safe in my arms once again I've never been without them over the holidays nor have they ever been a part I am so freaking worried my daughter has asthma she also has allergies my son has ADHD and none of their medicine is with them. My mother has got a smoking habit that is beyond believe she goes through 2 packs a day!There is no relief from the smoke in her house, and my daughter is breathing all this in, plus the fact that my son has no clue where he is because he hasn't seen his father since he was 4 and it just a really confuses me how a judge can grant someone an ex parte a and a cpo with not following be a up or saying oh okay let me investigate this a little while Children's Services has never even talked to me.
Yes there are 2 fathers my oldest son is the 1 that is with his father that he has not seen since he was 4, my youngest son which is 8 his father and I have shared parenting he went in and got an ex parte a and a CPO after my mother and my oldest son's father did he ( my youngest son's dad) put on the paperwork I have a fear of letting him go because the other 2 children were taken out of the home, how ridiculous is this the judge would grant at with only that statement?
I'm just stuck, I need a lawyer because without 1 I'm seared that they will try and keep my kids when I have done absolutely nothing wrong. There is 3 of them but the sergeant had witnessed everything with my children interviewed my children children services didn't even know anything was going on. So why in the world am I in such fear? Because this same judge is the 1 hearing my case so if you know of a lawyer in Ohio that's willing to do pro bono or take payments please let me know I am fearful for my children safety and cannot do anything about it.

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Originally Posted by mothermom

This just happened this past Monday I couldn't get to the court soon enough to stop the ex parte but I talk to about a half of a dozen lawyers but none of them will help because they all want money up front once again I am a full time mother plus I'm a full time working mother plus I get no child support no help from the state the county or anything I pay all of our bills and plus just bought Christmas how in the world am I supposed to come up with 1500 dollars this is my question to all these lawyers, I would absolutely agree to anyone in this entire world that I would pay them back in payments all I want are for my children to be safe in my arms once again I've never been without them over the holidays nor have they ever been a part I am so freaking worried my daughter has asthma she also has allergies my son has ADHD and none of their medicine is with them. my mother has got a smoking habit that is beyond believe she goes through 2 packs a day!There is no relief from the smoke in her house, and my daughter is breathing all this in, plus the fact that my son has no clue where he is because he hasn't seen his father since he was 4 and it just a really confuses me how a judge can grant someone an ex parte a and a cpo with not following be a up or saying oh okay let me investigate this a little while Children's Services has never even talked to me.
yes there are 2 fathers my oldest son is the 1 that is with his father that he has not seen since he was 4, my youngest son which is 8 his father and I have shared parenting he went in and got an ex parte a and a CPO after my mother and my oldest son's father did he ( my youngest son's dad) put on the paperwork I have a fear of letting him go because the other 2 children were taken out of the home, how ridiculous is this the judge would grant at with only that statement??
I'm just stuck, I need a lawyer because without 1 I'm seared that they will try and keep my kids when I have done absolutely nothing wrong. There is 3 of them but the sergeant had witnessed everything with my children interviewed my children children services didn't even know anything was going on. So why in the world am I in such fear? Because this same judge is the 1 hearing my case so if you know of a lawyer in Ohio that's willing to do pro bono or take payments please let me know I am fearful for my children safety and cannot do anything about it.

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As far as my mother not having a legal standing she does because she is my daughters grandmother, and she did file it for my daughter she is in custody of my daughter right now. Hopefully you can see why I am scared to go about in front of this court system because of all of this crap this is going on. And please excuse my grammar on all of this I'm not in the best mental standing right now because I am so emotionally unattached myself it's not even funny.

You can't wait for an attorney. If this happened last Monday, you should have filled to vacate the order on Tiesday. And no the grandmother doesn't have legal standing, not when there are father's involved.

I'm sorry but your inaction has made this worse. The courts have to act on the complaint. You have to show that the complaint was without merit.

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Originally Posted by ScottGem

You can't wait for an attorney. If this happend last Monday, you should have filled to vacate the order on Tiesday. And no the grandmother doesn't have legal standing, not when there are father's involved.

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My daughter's father has never been involved in her life and yes she is the 1 that filed she filed last Friday, I did not get the ex parte a until this Monday, I have been trying to get a lawyer, but as I said once again I am in no state of financial ability right now to hire an attorney. I am however able to pay on a regular basis payments. That is why I came here to seek some advice from an actual attorney to find out what paperwork I need to file to get the stuff situated I cannot wait to see my children but the courts have done this so abruptly and without any kind of investigation that I don't know how to go about it.

I told you what to do in my first response. File a motion to vacate the cpo.

I can't tell you specifically, but the court clerk or caseworker should be able to help.

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Originally Posted by ScottGem

I told you what to do in my first response. File a motion to vacate the cpo.

I can't tell you specifically, but the court clerk or caseworker should be able to help.

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What about the ex parte's? If this if all I need to do I'll be at the courthouse first thing in the morning. I apologized guess I did not read your response correctly. Also how do I go about getting a cpo on my mother? I think this would be best for me and my children's well being.

Just so everyone knows, I got my kids back no problems, I ended up getting an EXCELLENT attorney, and my children and I will not be going around, speaking or seeing my mother again. The judge wad VERY upset this happened and scolded them all VERY thoroughly.

Thanks for the follow-up. Judges don't like to be used, which is what sounds like happened.

Glad everything worked out for you.