I have appealed for a third time citing insufficient evidence for the judgment

[Unregistered]

My daughter was born in June 1993. I was not maried to her mother. I visited with her every other weekend. I provided support for her to her mother. In August 1994 I informed her mother that I was going to seek custody due to her filthy living conditions that I had long since been complaining about. The mother disappeared with my daughter leaving no forwarding address. I contacted the Division of Child Support Enforcement office for assistance in locating my daughter. I was informed that the Division of Family Services iniciates those cases. I contacted the D.F.S. office and was told that due to "confidentiallity laws" they would not be able to asist me. Seven years go by. In March 2001, acting on a hotline tip, D.F.S. took custody of all 9 children in the home, including my daughter, and placed them into protective custody. When I arrived home from work on Friday, March 23rd at 6:00pm, I found a notice of a protective custody hearing for 8:00am that morning. I immediately called the Juvenile Office that mailed the notice. Their office was closed until 8:00am Monday. First thing Monday morning I called and the Juvenile office said I had to contact the D.F.S. office which I did. D.F.S. scheduled a meeting with me for April 3rd and advised I contact the gardian ad litem. He informed me that all I had to do was to write a letter describing my home and my lifestyle and mail it along with pictures, inside and out, of my home to his office. After doing so he would see about getting my daughter and I together. I did so and waited for a response from his office. I still hadn't heard from his office by the April 3rd appointment with D.F.S. I kept my son and other daughter out of school to go with me believing we were going to meet my daughter for the first time since August 1994. We didn't. We discussed the circumstances leading up to the disappearance and the assumption of custody by D.F.S. The caeworker advised me to retain counsel for future hearings so I would understand the proceedings. I asked about visitation and she said she would have to discuss it with other parties involved. A few weeks later I received a notice for a hearing on July 28th. At that hearing I learned that the hearing on March 23rd was "verbally" continued to March 28th. I "failed to appear" at both hearings do to lack of notice. In September of 2003 the court terminated the parental rights of her mother as well as myself citing abuse and neglect and adopted my daughter to the foster parents. I appealed and the case was reversed and remanded citing that the abuse and neglect allegations pertained soley to the mother and not the father. They argued that they "meant abandonment". The Appellate Court ruled that even if they had put abandonment as the charge, there was insufficient evidence to support a termination. Before the Appellate Court released jurisdiction, the attorney for the foster parents motioned the court for a hearing on a "proposed judgment" that simply changed the wording in the original judgment. I wrote the attorney and informed her of my objection that her motion was untimely, did not meet the Appellate Courts directive, and that the Appellate Court still had jurisdiction. I copied the letter to all parties as well as the court. The court granted her motion and terminated my rights once again without taking additional evidence. I appealed again citing lack of jurisdiction. The Appellate Court dismissed the appeal stating that "the lower court was without jurisdiction to enter any judgments on this case because this court still had jurisdiction". After regaining jurisdiction the lower court terminated my rights once again citing abandonment. I have appealed for a third time citing insufficient evidence to support the judgment. The consealment by the mother and the protective custody by the state created a forced seperation between my daughter and myself and I can find no case law to support their theory of abandonment. We have lost 7 years of reunification abilities. Do we not have a Constitutionally protected right to be a family and to not be harrased and unduly separated by the State? Please Help Us!!!

Steve Barton
We R 4 Children
[email protected]

[annjd]

re: I have appealed for a third time citing insufficient evidence for the judgment

It is a shame you are caught in this motion and appeals practice and not able to focus on what is best for the kids.

Are you able to visit at all now?
Is legal counsel handling this now or just you?

[Unregistered]

re: I have appealed for a third time citing insufficient evidence for the judgment

Precious time seems to be wrpped up in the legal process instead of reunification efforts. The mother took her away for seven years and now the court has kept her for six years. I have won two appeals and on my third. I can find nothing to keep this case from going before the same biased judge as before and start the cycle all over again. When is it time to say "enough is enough" ? Either the Appellate Court will transfer to Supreme Court on their own merit or I will have to give up my child. I have two children at home now and they are happy and heathy, and un-abused. I do not abuse my children, the Appelate Court said so. Now the trial Court says I "abandoned" her when her mother took her. I say, "WHHAAATT???" A FORCED seperation by the mother and a FORCED seperation by the court. Abandonment is defined by statute as the WILLFUL and INTENTIONAL act of leaving the child without....This I am not guilty of! I love my daughter, but where do we go from here? How much damage have they caused this child with their negligent actions. I think the Judge, State, Juvenile Office, GAL, and the foster parents should be held accountable for the pain and suffering inflicted upon my family. How do you do this when you have sacraficed everything and have nothing left?

[Unregistered]

re: I have appealed for a third time citing insufficient evidence for the judgment

No...they have her in "protective custody" where she has been for six years. I believe that this is why so many children are "languishing" in foster care.

[Unregistered]

re: I have appealed for a third time citing insufficient evidence for the judgment

No....just me...against the State machine. I am a Marine and I don't know the word "surender".

[We R 4 Children]

Is This Legal ???

Steve Barton
We R 4 Children
[email protected]

[able1]

Re: Is This Legal ???

It would seem you need a great appellate lawyer to review what must be huge files at this point.

Or perhaps you could somehow get all interested parties to agree to some compromise and avoid this ongoing litigation? Any chance of that?

[Unregistered]

Re: Is This Legal ???

I offered them guardianship, health coverage, and child support so long as I got visitation with my daughter to try to rebuild what was taken from us. They declined stating that there was no "legal" guarrantee that I wouldn't come back at a later date to reclaim custody of her.

To my knowledge there is no way I can "leagally" guarrantee them that. All I can do is give them my word and the fact that doing so would take my daughter from her half sister and further tramatize both of them. We are at our witts end and don't know what else to do. I do know that if this case goes before the same trial judge, it will no doubt go back to the appellate court for a fourth time. Where does it end?