Thread: True Recovery?
View Single Post
 
Old Sep 05, 2010, 04:09 PM
Anonymous29347
Guest
 
Posts: n/a
-this is long, but read to end it has a lot of suggestions at the end; from one with experience (starts at: "hears the key")
-the first part is my story so i can show how i can relate


hi, i had an issue where i was in car accident. ended up with a closed head injury and had to learn to keep my leg from dragging on the floor and had to learn to deal with the brain injury. after which: my parents tried to keep my daughter away and take permanent guardianship of her. she first lived with my mom, then my bother for a year (in a far away state), they went so far as to get my cousins (who she hadn't seen since she was a toddler) to get temporary guardianship of her when she moved in with them without the courts approval or had any standing. so i couldn't take her away from them.
confusing, i know. they didn't even want her. they just didn't want me to have her. I've always been the outcast, because of the mental illness and i didn't graduate college. to them i was a failure. and not fit to raise their grand daughter. i think they were waiting for a opportunity like this.
as i said; i had a mental illness before this and never inhibited any signs that i had problems taking care of my daughter. during this time they fought me regaining my own guardianship. which i myself argued in court, the judge gave it back to me since there was no reason. then i went about trying to get my daughter back. my father's a lawyer kept on switching courts, i believe to establish a home at my cousins. it took a year to get before a judge. my parents were told to have my daughter psychiatrist talk to my health professional, which never happened. they made up lies and hired two more lawyers. i had legal aid. they were filling my daughters head with lies to. my lawyer believed me...so when i finally got in front of a judge i got her back. i have so much documentation i fill up a whole draw of my file cabinet. sorry to be so long. first, you need a lawyer. if you can't get legal aid there are ones that will do it "probono". and a continuance is worth the end resolt...believe me. it's important to put everything together before you go to the lawyers.

hears the key:
documentation and
professionals willing to testify on your behalf.

articles just don't cut it. a lawyer can tare them to shreds. but if you have all the documentation a your lawyer may know how to go about a defense
heres is some of what i needed to do
1. psychiatrist that would testify as to your mental health
2. documents of past doctors who could say this happened because of health problems
2. witnesses (support people or even friends) with a professional background with children: testifying with their option of my capabilities of parenting
3. getting visitation with child while the court case was going on (better to get supervised then there's a paper trail) even if you don't have people around that can write your interaction with the child
3a. each visit documented by yourself and those who supervised visits
3b with upstanding members of the community they could not refute like:
*a paster or elder in the church
*other members of my family
*a teacher or others that work with children
4. time line of all that occurred
including all phone calls and communications
5. had all documentation from health care professionals
6. had documentation when met with the friend of the court (they almost always get involved in these situations)
7. your spouses recollection of all that happened in the problemed time
if the sole reason your sister is fighting
8. character witnesses/if you go to church pastors are great
9. document any and all contact you have with other side
10. other family members that think differently than your sister about the situation
11. find out what you signed regarding the guardianship-if it's temporary that's easier
12. the time your sister let you have contact with your child (if she didn't that's very important)
if you have all this together for the lawyer
he can mount a better defense
you need a lawyer believe me
if you can't get one from the court
go to a firm if they won't do or can't do pro bono in this area of law they can point you to one that does

again
documentation and professional witnesses
a lawyer (they know what's important and how to communicate it to the court

i won against three lawyers. it is possible
keep posting or you can ask me privately
if what happened was your child was taken because of health reasons you should be able to get custody back... with a lawyer
Thanks for this!
fearfulfrog