What to Do After Losing Rights to Your Child

[Deucesdad]

My question involves civil rights in the State of: Ohio. I am a single father experiencing what I believe is a violation of my civil rights. I have a 9 year old son and originally shared parenting with his mother (a practicing bankruptcy attorney in Ohio) until the presiding Juvenile Court magistrate removed all of my rights. My son was physically abused by his mother which I reported, to not only the police department or the city in which she resides but also the local department of children and family services as well. The case worker came to my home and interviewed me and my son, viewed his injuries, and instructed me to keep him at my home pending further investigation, which I recorded for my records. I then filed a motion for emergency custody with the Court that was ignored by the magistrate who instead recognized a motion filed by the mother requesting that my parenting rights be removed and a warrant issued for my arrest. As a result, I was arrested and spent three days in jail resulting in missing an important work opportunity as well as losing the opportunity to provide a safe environment to my son. Upon researching the particulars of the arrest, I discovered that the reason noted was "neglect and non-support", which was fictitious because there was no order for child support in existence and the only neglect was the injuries my son suffered at the hands of his mother. I have subsequently lost all of my rights with my son and believe that there should be recourse for these actions. Any insight would be appreciated.

[aaron]

You have shared no facts that would allow us to comment on your belief that your rights were violated. You should discuss your concerns with your lawyer, as well as the possibility of having the court revisit its ruling or pursuing an appeal, if you have not missed the requisite deadlines.

[Deucesdad]

What do you mean by your comment? It makes no sense. What is missing from my post that precludes your comments?

Isn't being arrested under false allegations and without due process a violation of one's civil rights?

[llworking]

What do you mean by your comment? It makes no sense. What is missing from my post that precludes your comments?

Isn't being arrested under false allegations and without due process a violation of one's civil rights?

You really have not been specific enough about the details of your situation. The devil is in the details. I am going to guess that you need an attorney to whom you can be brutally honest.

Think about it? You filed a motion that mom abused the child and mom filed a motion that you were violent and got you arrested. A judge heard your case and ruled in favor of mom. You are asking us to second guess the judge with very little detail to go on.

[Deucesdad]

Thanks for replying but you have made a mess of the details. I did not say that the mom filed a motion that I was violent I said that she filed a motion because I kept my son in my home as a result of the case worker telling me to do so. Those are the details! Mom assaults child, father files report, county instructs father to keep child in his custody, father files motion with court, mom files motion with court, court ignores dad's motion and arrests dad fictitiously. If you don't have time to thoroughly read the posts and answer questions, why are you here?

[Mark47n]

1st, attacking the folks here won't get you anywhere good.

You provide few details so I'll ask a few questions:

1) Who told you your son was being abused?
2) Were you and mom married? If yes, is there a custody decree? If not, has paternity been determine such as an Acknowledgement of Paternity or a DNA test and if yes is there a parenting plan or custody/visitation plan ordered by the court?
3) I find it difficult to believe that there would be a custody order and no support order. Are you positive there isn't an order?

FYI, the CPS case worker cannot alter your visitation/custody plan. Holding over your son was a questionable move at best. That isn't really in their purview, individually. They can, with a an investigation, evidence and court order remove your son from her custody and place the boy in yours but the caseworker cannot just say "don't send the boy back to Mommy Dearest!"

You claim that the arrest was fictitious so what's the problem? Oh, wait, you mean you were actually arrested? I guess that wasn't so fictitious. I get the impression that you went up against an attorney by your lonesome? That was a bad move and foolish. If you are still within the SOLs then you have some moves that you can make but you'd better hurry and get an attorney. If the court ignored your motion it's because you didn't make it properly or your ex was more persuasive and knew how to work within the system...like an attorney would.

One more thing! I find it extremely difficult to believe that the state terminated your parental rights. The state doesn't like to bastardize children and removes a channel of support for said child. Is it possible that what you're trying to get across is that your ex now has sole custody and you have no visitation? That is not the same as termination of your rights.

REally, get an attorney

[Dogmatique]

Thanks for replying but you have made a mess of the details. I did not say that the mom filed a motion that I was violent I said that she filed a motion because I kept my son in my home as a result of the case worker telling me to do so. Those are the details! Mom assaults child, father files report, county instructs father to keep child in his custody, father files motion with court, mom files motion with court, court ignores dad's motion and arrests dad fictitiously. If you don't have time to thoroughly read the posts and answer questions, why are you here?

I cannot imagine why you haven't had much success in court.

[Deucesdad]

I cannot imagine why you haven't had much success in court.

If you have nothing positive or constructive to contribute please be quiet.

[cbg]

If you cannot provide the details necessary to give you anything more than generalities please pay a lawyer to advise you.

[Deucesdad]

What generalities? I have stated exactly what happened. What details would provide further insight?