Q: Do I still have a chance?
What can I do after permanent custody was granted to CPS from the lies that can be proven with transcripts from court, having a split decision at the 11th district Court of appeals and my attorney was 48 minutes late filing the appeal to the Supreme Court due to documented computer glitch, stating that we would go to Federal Court but, I have not received a reply in nearly 6 months? The appeal was due last June 9th. It took 314 days to get to the evidentiary hearing, 3 months for her opinion, CPS ended visits, then a year and a half before the judge ruled after we filed a motion to be heard. Caseworkers lied, judge was bias and lied in his report. Magistrate wrote incorrect things about me in her opinion. The split decision is posted in a simple Google search of my name defaming my character because what is written is completely untrue and I have documented proof. I’ve had ineffective assistance of counsel. My family has been ripped apart, even after CPS and GALs witnessed our bond
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
You still have options to pursue, even after permanent custody was granted to CPS. Given the documented issues with your attorney's late filing due to a computer glitch and the alleged lies that can be proven with court transcripts, you may be able to seek legal recourse. One potential step is to file a motion for reconsideration or a motion to vacate the judgment based on new evidence or procedural errors, such as ineffective assistance of counsel.
Additionally, you can file a complaint against your attorney for ineffective assistance, which could potentially open the door for a new hearing or appeal. It's crucial to gather all documentation that supports your claims, including court transcripts, evidence of the computer glitch, and any other relevant materials that demonstrate the errors and misrepresentations made during your case.
Given the complexity and the stakes involved, consulting with a new attorney who specializes in family law and appellate cases is essential. They can help you navigate the federal court system if that's a viable option, or explore other legal avenues to address the injustices you've faced. Act promptly to ensure that you meet any deadlines and protect your rights to challenge the custody decision.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
