Tuesday, September 22, 2015

Another CPS Case-This One Might Have a Decent Outcome

Mediator had given recommendation to one parent by having heard a tape-recorded scenario, which was allegedly against the interest of client, but client was never allowed to hear the tape recording to even challenge the authenticity to begin with, or what was contained on the tape....




Weeks later, client-- who only was to have supervised visits, never got any visits because there was no availability at any agency.   In meantime, a trial date was finally set, but the custodial parent kept doing errant actions and failed to allow visits since there was no supervisor, and none could be obtained. In meantime, the client managed to improve the child's grades in school, establish that the mother's boyfriend was an alleged perpetrator, and had enough evidence against the other party to gain at least 50-50 custody.

During that time, it was eventually discovered that the kids were being neglected and police and CPS became involved to some extent, thus paving the way for the trial outcome hopefully in client's favor. 

Eventually, client actually got some help [sheriff] from out of county, and  finally got the mother's boyfriend where he could not be within 100 yards of the kids at all. This is normally not that difficult to do, BUT when false charges are made, and then the mediator ignores the facts and gives kids to wrong parent (who does not stop others from harming kids) there is a big problem.

Filing contempt charges and repeated court hearings is usually not recommended unless client has a lot of time and money, and Judges tend to not like repeated hearings, but having police and CPS properly investigate a case can be a plus when there is actual evidence, a witness, and third party verification.

If you only have second hand evidence and cannot get CPS to realistically help your case, which CPS does not always do, considering the CPS lawsuits out there, it will require diligent monitoring of what the errant parent is doing, and sometimes you will have to enlist the aid of other people to help you get to the bottom of it. It is usually never fast, nor easy. But if you can do it, and CPS gets a recommendation against the other party, you are more than 2/3 of the way there.  CPS finds many cases to be unsubstantiated, and too many of those can harm a case.

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