Q: Hi I have a question if I can proof that they took my daughter on 07/07/2020 but a court papers said 07/08/2020 (lies)
Is it lies for them to say that and on 07/09/2020 they had already took my rights always from my daughter when I didnt even get no court papers for classes or a far investigation they came and took my daughter with out court papers on the 07/06/2020 what ever they said in this document were lies I have real proof of the days and these papers are not even real court papers she didn't even go by the laws or codes of the family Texas codes of laws what can I do until then I'll be posting every one who was on these documents I have all over media with names and who they are and what part they take in my daughter case I'll make sure every one see how mess up this is I won't stop until they get justice and give me my kids back
A: It could be lies or it could be simply a mistake in the dates. Your best strategy is to hire an attorney experienced in the area of family law in or near the county where you and your daughter were living when she was taken. Usually, when a child is taken into custody by the State, she would be placed with CPS and there would be court proceedings where you, as a parent, would have the right to appear and be heard. In the absence of an agreement by you, there would need to be a trial in order to permanently remove your daughter from your custody. You could request a jury or a bench trial. You could hire your own attorney--which I always strongly recommend in these cases--or have one appointed by the court if you cannot afford an attorney. Since it has been three years, your focus needs to be on the reasons why your daughter was taken, and not simply a discrepancy in the date she was taken. In the grand scheme of things, the date is trivial. "Why?" is the critically important question.
A: Is Child Protective Services involved? Did a judge rule that someone else should have temporary custody? If CPS is involved, you likely will be asked to complete a Service Plan or Parenting Plan. That could involve submitting to a psychological evaluation, as well as counseling and parenting classes. If it is a CPS case, and the pleadings request termination of your parental rights, AND you cannot afford an attorney, you can submit a financial information statement. Ask that the court appoint an attorney to represent you. Good luck to you.
While the dates provided may be fodder for cross examination, any mistakes may not be deemed substantive by the trial court, presuming that a case has been filed. In terms of posting to social media -- you certainly have the first amendment right of freedom of expression. However, our courts are not too keen on the idea of a case being tried via a social media platform. Moreover, consider the following:
Removal of a Child: According to the Texas Family Code, if the Department of Family and Protective Services (DFPS) removes a child from a parent or legal guardian without a court order, DFPS must file a Suit Affecting the Parent-Child Relationship (SAPCR) and request that the court appoint an attorney ad litem for the child.
It is unclear from the information provided whether the removal of the client's daughter was done with or without a court order. If it was done without a court order, the client may have grounds to contest the removal and should seek legal advice from an attorney.
Termination of Parental Rights: The termination of parental rights is a serious matter and typically requires a court order. The Texas Family Code provides specific procedures and grounds for terminating parental rights. It is important to note that termination of parental rights is a complex legal process, and the specific circumstances of the case would need to be evaluated to determine the appropriate course of action. Is there a pleading on file? Does that pleading request that your parental rights be terminated?
To address the client's concerns and take appropriate legal action, it is recommended that you consult with an experienced family law attorney in Texas. The attorney can review the specific facts of the case, assess the validity of the court papers, and provide guidance on the available legal options. It is important to gather any evidence or proof related to the dates and circumstances of the removal and termination of parental rights to support your case. Good luck.
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