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  #1 (permalink)  
Old 11-17-2008, 10:51 AM
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Join Date: Nov 2008
Posts: 7
Default Child Protection Services amended petition

Is it legally required that an amended and/or supplemented petition stand on its own without reference to the original petition?

Can the plaintiff switch back and forth between his original petition and his amended petition especially if the original and amended petition contain different causes of action.

I was fighting a CPS case pro se in Texas. I have done remarkably well. Probably just a lot of research, tenacity, dumb luck, and the fact that I was totally innocent helped somewhat. I am an expert witness so I had a little experience with the law. I have done tremendous research and now know way more about this area of the law than I ever really wanted to know.

The state filed an original petition for neglect which I answered as denied. The state then amended their petition to sexual abuse which I, of course, denied [civil court]. The amended and supplemented petition no longer even mentions neglect, only sexual abuse.

At the adjudication I showed that the state's witnesses were ALL perjuring themselves. The judge then ruled that there was not sufficient evidence to support a charge of sexual abuse but then she ruled that I had neglected my child to save the state from a law suit. The state never even presented a case for neglect at the adjudication.

I finally got my child back. I now want to vacate the adjudication on the grounds that the judge had no jurisdiction to rule that I had neglected my child since the plaintiff had abandoned the neglect cause of action.

Any ideas how I can support this argument? Does anyone know of a US Supreme court case or how I would even start to research this?
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Old 11-19-2008, 12:17 PM
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Join Date: Nov 2008
Location: Peoria, Az
Posts: 1
Smile NEED Legal Advice and also find a pro bono lawyer

I am a deaf mother of two precious little girls. The CPS took my oldest daughter, Angela who is almost 3 years old now. Angela is living with my grandparents for now. I have been fighting this legal battle ever since she was about 6 months old. My younger daughter is Faith she is 9 months old now. She lived at home with me for 7 months before the CPS took her away. They want to sever our parental rights. I feel that I am being discriminated. And I think that CPS took my children illegally. I dont know all of my rights. Faith got all of her shots, She never had one sickness or diaper rash while living with me. How can that be neglect and abuse? I feel that my lawyer and my husband's lawyer support the CPS more than us. I thought lawyers are supposed to support us not them. I need help to find 2 lawyers that are willing to take this case as a pro bono or know how to find a pro bono lawyer.
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Old 11-19-2008, 01:02 PM
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Join Date: Nov 2006
Posts: 1,620
Send a message via AIM to GentleGrace
Default

Quote:
Originally Posted by Kmoreno View Post
I am a deaf mother of two precious little girls. The CPS took my oldest daughter, Angela who is almost 3 years old now. Angela is living with my grandparents for now. I have been fighting this legal battle ever since she was about 6 months old. My younger daughter is Faith she is 9 months old now. She lived at home with me for 7 months before the CPS took her away. They want to sever our parental rights. I feel that I am being discriminated. And I think that CPS took my children illegally. I dont know all of my rights. Faith got all of her shots, She never had one sickness or diaper rash while living with me. How can that be neglect and abuse? I feel that my lawyer and my husband's lawyer support the CPS more than us. I thought lawyers are supposed to support us not them. I need help to find 2 lawyers that are willing to take this case as a pro bono or know how to find a pro bono lawyer.
With what were you charged or what was the finding of the court in order to be able to take your children away?
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