My baby has been taken from me.

I will try and make a long story as short as possible.
I started into a relation-ship with a girl who was already pregnant. I didn't know it at the time and by the time she told me she was (and that it was not mine) I had already fallen in love. So I had a meeting with the bio-logical father and he stated he wanted nothing to do with the baby. So I place my name on the birth certificate and assumed the role of Dad. (That was Taylor) Then came Brandon and the relationship started falling apart shortly after the birth of our second son. She broke things off with me and moved 290 miles away with some convict and his family. Some time shortly after 2 or 3 months later I received a notice in the mail stating my X had given birth to a baby girl and I was named as the father, the catch is that the baby was being adopted by some couple. I called the lawyers office and left them a message and sent them an e-mail. I had no way to contact my X to confirm any of this. The weekend rolled by and I made contact on a Monday. I told the leagal aid there was no way I was giving any of my babies up for adoption. Despite her vein efforts to lul me in that direction. That couple backed out, and the adoption agency found another couple as if my child was a peice of meat on a market. The adoption agency told me they were proceeding with the adoption anyway with or without my consent, so I drove nearly 300 miles to be my daughters side for nearly 10 days. My X contacted me at the hospital and I asked her to stop the adoption and she did. My foster mother was there with me (In Springfield, MO) because I could not reach my real mother at the time. (I was broke due to loss of employment) In any event the hospital hotlined the case to DFS. (You don't EVER want to deal with those animals) There was no paternity established so I obtained a power of ATT from my X (Notorized) and took the cpr and apneah monitor class as needed to be able to properly care for my child. I stayed with her for nearly 10 days waking every 2 hours to feed her and change her diapers and so on. I did everything that I had to do to ensure she would be taken care of properly and DFS suddenly changed their role and took her away from me on grounds of "Possible neglect" and useless terms of that nature. They are trying to make me take and pay for a phsyc test and parenting classes. I know I could pass the psyc test with flying colors and I am sure I will learn some interesting things in these parenting classes. However, if the state is taking such and aggressive stance against me shouldn't they pay for these services? I really can't afford them at the momment nor do I feel as though I should have to. The main point to this post is "That can't be leagal, to take my daughter away from me like that with out Just cause or reason." Please need advice ..

Joshua L. McDowell

[email]PCTECH2000@JUNO.COM[/email]

I'm not a lawyer, but it seems to me if Social Services wants you to jump through some hoops, I'd do it. Whether its fair or not is really irrelevant--they seem to operate by their own set of rules. The last thing you want to do is lose your baby. You are lucky you have gotten as far as you have.

If you can afford to hire an attorney then by all means do so. Good luck.

For the most part I have been doing as they ask. There are some things I don't deem needed but will subdue to please them. However, it almost seems to me that when I do jump through one hoop they throw another one in my face. There just doesn't seem to be an end to their aggressiveness. It's discrimination against me for being male if I have ever seen it and I do plan to sue them after I get my daughter back. All I wanted was to have my daughter home for christmass and there would have been no law suit or anything like it. I dunno..



Joshua

[kat1963]

Is there a court order for any of this??? They can NOT make you do anything without a court order and that includes taking your baby from the hospital. Your major problem right now is that you don't know your rights and those fools aren't going to tell you. Right this second you go to [URL=http://www.cpswatch.com]CPSWATCH[/URL] in the right hand corner is a parents guide to the system, you don't have to buy it, you can read it on line or just print it out. After you have done this you look around this site and keep reading. Join the e-mail support groups for added advice. Then do an internet search and keep going until your eye color has faded. *LOL* Listen sir, they like them YOUNG, they get brownie points and federal dollars for adoptions. You start by standing up to them by getting everything in writting and spouting state, federal laws and proceedures, contacting the media and elected officials...and you do it all nice and calm.."well, gee, you know, *sniffle* I haven't done anything wrong here (then in a whispered voice)...do you think the media would be interested in any of this? Get all their names, request a copy of your case file...whew, you have alot of work cut out for you, but you can do this, I know you can!!!
KAT

They had no court orders that I am aware of. They had a JO (Junvenile officer) who apparently has the Authority to take my daughter. The DNS test has come back and she is my daughter, and they STILL will not give her back to me. I had to spend her first X-Mas without her. I am reaching the end of my patience and don't know what will happen when I do. I have a court date in January and if they do not give her back to me then again I am not sure where my lost patience will take me. They are trying to make me do all sorts of things with out just cause nor basis. They won't let me see my daughter, they setup visits and when I drive all the way down their they tell me they were for a different time and I missed it. They have no intention of returning my daughter to me, they are supposed to give me a lawyer and they have not, this whole thing has broken me as far as $ goes. The court date is VERY soon and without that lawery they will get yet another months worth of delays.. It's getting to the point that I may have to dig in and get ready for a really nasty fight, the sort that I was hoping to avoid..

[kat1963]

Sir, I don't care what cr*pola they told you, unless they have a court order signed by the judge to take your child then they have NO authority. Later this evening if I have time I will search the particulars out for you. Call them today and tell them that you will be by after work to pick up a copy of the order stating they can remove your child and anything additional that is your file plus a copy of their proceedure manual. You know what I would do? I'd contact a lawyer, even if it's just for the consult. You are going to be hard pressed to find one to take them on anyway and heck no you don't want one of theirs! You need to get this before a judge, I wouldn't do diddly of what they were asking me to do, they are treating you like a puppet. Tell them that from now on you are doing everything by court order only. That you only want to follow the letter of the law, what the judge orders, yadda, yadda. No matter what you do, they are going to try and prove you unfit and that includes lying and ignoring obvious evidence...heck, they will even make up stuff. Check the taping laws in your state, because you'll want to have everything documented. I think you are going to have a file a motion to get this to court., but I'm not sure what, a lawyer can point you in the right directions and others in your same situation at cpswatch and also tell you the what, whens and wheres.
KAT

I got the run around when asking for any copies of anything. It appears I will have to submit a written request (Which I will) to obtain anything. I also re-stated that I would not jump through their hoops and she became angry with me for the most part. They want me to take parenting classes and a physc test and prove that I can maintain stable employment and a stable home. I don't see why I have to prove ANYTHING to them cause it's my baby and if they would just give her to me I could take her home (To my moms) and start working on our future. It's a mess but I am trying, she aslo asked me if I wanted to set up a monthly meeting between me and the social worker (Baby theif) and the others and I refused stating "I don't think we will need the meeting after we go to court and a judge puts an end to this 3 ring circus." That made her a little angrier.. And I am the one that has anger issues because they took my daughter.. All I know if that the fire just had fuel added to it for me..


Joshua

[kat1963]

Please let me know what state you are in...If you can start spouting stautes, state law, federal law, case law...maybe the bitty's will cave without you having to get a lawyer. They count on you NOT knowing your rights....and they certainly aren't going to tell you. I'm wondering, did you have your 72 hour hearing? I'm sure they held that up for the DNA testing...how long ago was that?

Thanks;

KAT

I have used the Missouri web site to look up what I can but it's very vauge at best. The only things I could find was RSMO Chapter 211 'Juvenile Courts. I can't find what I was previously looking at but basically it says that when out of wed lock and no DNA test has been done they may take the child into protective custody.. Although they were walking a fine line because I did have a notorized power of att from her mother. They ignored that and took her, the DNA test is back and they will not give her back. In their petittion they used the term "Possible neglect" and others like it. From what I remember reading "Possible" anything never appeared in the text. There would have to be some sort of proof that I committed some crime and "Possible neglect" just doesn't do it. I couldn't find any laws about certification of a case (I am sure you know what that means) so that I could get it out of that small Kangaroo court in Springfield and move it to a NON-BIAS court in St. Louis or Jeff city.(Missouri) In any even I did what you suggested and the hostility grew. I am not one for "Conspiricy run offs" and such but I have heard of 3 cases like mine in this small town of Springfield, MO since this started. Now I am no genius, but I don't live there (I live in St. Louis County) and have no contact with anyone from there other than the state concerning my daughter. 3 other cases and no real contact with anyone there. That to me seems extreme and the paranoia has begun to set in. I want to thank you for all that you have helped me with thus far, I was about to give up when I receieved your first response..

Truly,
Joshua

Yes I had it and I beleive it was a week or maybe 2 late for one reason or another. I had that hearing over the phone because I live so far away. They had me on speaker phone and accused me of yelling and told me then that I needed a Phsyc test because I harbored a-lot of anger. They needed to turn the phone down or set their differences with me aside. I wasn't yelling at all.


Thanks
Joshua

Do you know where I can get any info on what sort of grants they get and where they come from and so on? If I could prove to someone that this is what they do and such I could get a-lot more help. I took their Psych test (which they RUSHED in 1 day) and they say I need counseling. Now they want to place my daughter with my older sister untill I can get her and I don't want that either cause she smokes pot and is plain and simple not a nice person. They will not pay any attention to MY concerns as her dad. If you know where I can get this info please tell me..

Thanks,

Joshua

[kat1963]

[URL=http://www.cpswatch.com/federallaws/asfa.htm]Federal Laws[/URL]
[URL=http://www.cpswatch.com/federallaws/adopt2002.htm]Adoption 2002[/URL]

What about your parents?

KAT

I want my adoptive (Foster) mother to take her untill this is all over and they are basically ignoring my requests as a concerned parent. There was a reason I was removed from her home to begin with when I was a child and my "Sister" was part of the problem.


Anyway, do you know where I can get the info on the money they receive?

Thanks,
Joshua

They have just about got me backed as far into a corner as they need me to be in order to win this one. I am not a dumb guy and should have seen their game plan coming, but then again I am not a lawyer and was just not prepared to take on a team of professional baby theives from the State Of Mo.

PLEASE SOMEONE, I NEED HELP, I HAVE TO GET THE BOYS BACK. SINCE I LAST POSTED ANYTHING, THEIR STEP-MOM CAME TO MY HOUSE AND WANTED ME TO SIGN A NEW PAPER TO RELINQUISH MY RIGHTS TO THEM, AND I REFUSED. THEY WENT TO THEIR LAWYER AND SHE IS TRYIONG TO GET ME FOR BACK SUPPORT, BACK TO WHEN WE SIGNED THE PAPERS ON THE KIDS, CAUSE MY NEW HUSBAND ADOPTED MY TWO THAT I HAD CUSTODY OF, I DON'T THINK THAT IS FAIR, CAN ANYONE HELP ME WITH THIS ISSUE? PLEASE LET ME KNOW. THANKS, ANGI