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New Member
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Dec 20, 2008, 12:56 AM
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I think ScottGem I made my point with the above facts!
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Family Law Expert
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Dec 20, 2008, 01:43 AM
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 Originally Posted by misshar
Actually I can I called my lawyer and asked her and she said it's the same in all 50 States so see what works for me can work for someone else. So maybe you should get your facts before you tell me my information is wrong! Has nothing to do with anyone being on drugs either!
Termination of Parental Rights
A parent's legal right to custody of a child can be terminated by a court. In an adoption, the natural mother voluntarily terminates her rights so that the child may be adopted. However, termination is often involuntary, and the grounds are typically the parent's neglect and abuse of the child. Grounds for involuntary termination of parental rights include:
abandonment; no contact in 6 months
WHAT MISREPRESENTATION!!
I assume you got it from
https://ssl.perfora.net/smartlegalfo...level=3&id=697
There I can see:
You are here: Law Guide >> Divorce & Family Law >> Child Support >> Termination of Parental Rights
Termination of Parental Rights
A parent's legal right to custody of a child can be terminated by a court. In an adoption, the natural mother voluntarily terminates her rights so that the child may be adopted. However, termination is often involuntary, and the grounds are typically the parent's neglect and abuse of the child. Grounds for involuntary termination of parental rights include:
* abandonment;
* knowingly placing the child in danger;
* failing to support the child;
* felony criminal conviction;
* sexual offenses;
* murder of one parent by the other parent; and
* causing the child to be born addicted to drugs or alcohol.
Where is no contact in 6 months??
It is very dishonest!!
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Family Law Expert
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Dec 20, 2008, 02:15 AM
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 Originally Posted by misshar
Actually I can I called my lawyer and asked her and she said it's the same in all 50 States so see what works for me can work for someone else. So maybe you should get your facts before you tell me my information is wrong! Has nothing to do with anyone being on drugs either!
I doubt she is a real and competent lawyer./following her thinking every man who is deployed in Iraq can have his rights terminated/
 Originally Posted by misshar
People come on here asking for help not to be told their information is wrong cause someone wants to play lawyer and has no clue what they are talking about!
Also it is dishonest to quote statutes in fraudulent manner/ as you did it/.AND finally-do you have clue what you are talking about?
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Uber Member
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Dec 20, 2008, 06:57 AM
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 Originally Posted by misshar
Also just because my niece is on drugs is not the reason I could have her right terminated either. Its if she has no contacted at all so you know that also. People come on here asking for help not to be told their information is wrong cause someone wants to play lawyer and has no clue what they are talking about!
Maybe the people who are here "playing lawyer" actually ARE lawyers.
And your whole "I called my Attorney and she said it's the same in all States" statement is simply not true. Now, if your Attorney would like to sign and post where she got that info and the exact site and citations, everybody would like to see the information.
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Computer Expert and Renaissance Man
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Dec 20, 2008, 06:59 AM
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 Originally Posted by misshar
I think ScottGem I made my point with the above facts!
Actually you didn't present any facts. What you did was copy and paste from some website without citing the website so it can be checked. I don't know if you used the site that GV70 found, but if you did I will quote from that site:
" Due to the significant differences in how states handle the divorce process, we have created a seperate site with a specific Divorce Information page for every state."
This bears out what I said. There is also a reality issue here. The reality here is that "grounds" for something are guidelines for judges to follow. They are often not legally binding. The reality is also that courts are very reluctant to grant TPRs especially involuntary ones. Generally they will do so only to clear the way for an adoption or if the parent represents a danger to the child.
Finally, I have checked my facts as I have answered this question hundreds of times.
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New Member
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Dec 21, 2008, 02:59 AM
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Terminating Parental Rights Sorry your buddy you don't have a clue here is another site get over yourself I do have a clue you're the one with out one!
Terminating Parental Rights
Sorry dude you are the one who has no clue what your talking about like I said do your homework and get all the facts here is another site with same information. So where is your knowledge now. Let me guess you'll have an answer for this also guess this site is fake huh. :p
Terminating Parental Rights
Sorry you don't have knowledge but I guess this site has false information also.
{Mod Note: I do not want this to deteriorate any further. Please do not respond further to this person, let me handle it - <>}
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Computer Expert and Renaissance Man
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Dec 21, 2008, 06:40 AM
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First, I merged your last three posts. Since you diodn't indicate who each post was responding to, there is no need for them to be separate.
Second, I note that in none of those responses did you address where you got the previous quote from. It certainly appears that it was from the site GV70 linked to, except that YOU added something (about the 6 months abandonment) that wasn't there. In other words you changed quoted text to support your own (erroneous position). At least that's the way it appears.
Finally, on this new link, did you bother to read it carefully? I'll quote one paragraph:
"It is extremely difficult to terminate parental rights, and courts will do so only in rare circumstances."
What's truly amazing to me is that BOTH sites support what WE have been saying, NOT the misinformation you are spouting.
Another example, in the reference to abandonment, it refers to "at least 6 months". This means that in some cases it may be 6 months, in others it may be longer. But the reality as we have all (except you) indicated is that TPRs are rarely granted.
So what you have done in copying and pasting from one site and linking to another is show that its YOU who doesn't have a clue. You claim to have done your homework, yet the information you are providing supports the opposite position.
Finally, GV70 wasn't saying that the information at the first site was fake or false, he was sayng that YOU misrepresented what the site says. The fact is the site said simply "abandonment" as part of the list. YOU added the words "no contact in 6 months" to it. This is not acceptable practice here, nor is personal attacks. If you persist in attacking people because they exposed your errors, further action will be taken.
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Computer Expert and Renaissance Man
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Dec 21, 2008, 06:43 AM
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To lildeal30
I apologize that your question thread has been marred by someone posting misinformation. You have gotten good advice by other members here and please let us know if you need any more help.
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New Member
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Dec 22, 2008, 06:10 AM
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 Originally Posted by ScottGem
To lildeal30
I apologize that your question thread has been marred by someone posting misinformation. You have gotten good advice by other members here and please let us know if you need any more help.
Thank You what I would like to know is How do I get a Mediation before a Judge to Present my Case and Evidence? Do I have to have an Attorney for this? Also Thank You for clearing the above problems up, that's probably why I can't get anything done because I am hearing to many wrong ways to handle this and a lot of it is incorrect...
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Computer Expert and Renaissance Man
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Dec 22, 2008, 08:06 AM
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 Originally Posted by lildeal30
Thank You what I would like to know is How do I get a Mediation before a Judge to Present my Case and Evidence? Do I have to have an Attorney for this? Also Thank You for clearing the above problems up, that's probably why I can't get anything done because I am hearing to many wrong ways to handle this and a lot of it is incorrect.......
You may not need an attorney, but having one will make things go smoother. Different courts have their own procedures. So the best thing to do is go speak to the clerk of the local Family court and ask what you need to do to petition the court.
The first thing though is I'm still concerned about what went on between the mother and the courts. You NEED to be very clear on this at least, in your own mind. You need to know for sure whether the court terminated the mother's rights. You need to know for sure what your legal standing currently is, are you the child's legal guardian or what? Its not clear from what you have told us what actions the court has taken. So before we can tell you how to proceed, we need to know exactly what has been done.
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New Member
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Dec 22, 2008, 08:36 AM
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The papers were titled Consent to Adopt. In the papers the Mother signed over her rights to me as the Adoptive Mother and I would assume all responsibilities for the child. The Father's papers were the same except he refused to sign. He also refused to let me be the Adoptive Mother along with him being the Biological Father. He has never taken a DNA to prove anything. I do however, understand that if he is willing to assume the role of the Biological Father then he doesn't have to take a DNA because nobody has contested that fact...
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Computer Expert and Renaissance Man
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Dec 22, 2008, 08:54 AM
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Ok, now the next question, did a judge sign off and approve of the papers the mother signed. Are you, in fact, the child's legal (and adoptive) mother?
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New Member
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Dec 22, 2008, 09:35 AM
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He was supposed too, the thing is I'm not 100% sure what all occurred, I was so worried about what was happening with the Father that I figured I was paying my Attorney enough money to do it correctly...
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Computer Expert and Renaissance Man
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Dec 22, 2008, 12:16 PM
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You should have gotten a copy of the papers issued by the court. If you didn't then you need to get them from your attorney. You really need to know what happened in court before you go further.
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New Member
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Dec 23, 2008, 08:00 AM
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I called my Attorney and he told me that the papers are still Pending until the Father signs the Consent also, which will not happen. My Attorney thinks that I have enough to Terminate his rights so I called the Courts today and left a message with the Mediators to try to get the ball rolling...
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Uber Member
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Dec 23, 2008, 08:28 AM
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 Originally Posted by lildeal30
I called my Attorney and he told me that the papers are still Pending until the Father signs the Consent also, which will not happen. My Attorney thinks that I have enough to Terminate his rights so I called the Courts today and left a message with the Mediators to try to get the ball rolling..........
Whatever happens, please keep us informed. This is something that very well may be helpful to other people.
Good to see you are being proactive and trying to get to the bottom of things.
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Computer Expert and Renaissance Man
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Dec 23, 2008, 08:58 AM
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 Originally Posted by lildeal30
I called my Attorney and he told me that the papers are still Pending until the Father signs the Consent also, which will not happen. My Attorney thinks that I have enough to Terminate his rights so I called the Courts today and left a message with the Mediators to try to get the ball rolling..........
Now this becomes worrisome. I think you need to go back to your attorney and have them explain what your legal standing currently is. From my perspective, you may not have any. Either the mother or the father could show up at any time and demand the child back and you might have to give it back.
On the flip side, I tend to agree with your attorney. I think you do have a case for getting a TPR on the father. Since you stand ready to adopt the child and he has made no attempt to care for the child, then I think the courts will grant the TPR to clear the way for the adoption.
Keep us posted.
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New Member
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Dec 23, 2008, 09:55 AM
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Thanks for all the Support guys and I will keep you posted right now the Mediators called me back and told me to retain Legal Council and my Attorney said it would be Min. $1500.00 so I am going to try Fund Raisers and Bake Sales to get that money... Thanks again and Have a Merry Christmas...
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