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reversing an illegal termination of parental rightsI live in Indiana  and  DCS took...

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fredsmom | Student, Undergraduate | eNotes Newbie

Posted June 30, 2011 at 10:31 AM via web

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reversing an illegal termination of parental rights

I live in Indiana  and  DCS took my son, did not provide me services, and basically treated me like i might as well not exist; NEVER substantiated abuse or neglect or a finding of  parental unfitness, and NEVER intended to actually reunite my son with me.  This is not only out  and out fraud, the CASA/Gal who filed the petition to Terminate my parental rights did so as  a means to PUNISH ME because she was FURIOUS with me over an issue she had no business bringing to court, namely ;"Week Old Brownies" Having failed at what ever her intent was with that frivolous litigation, she decided she was going to make sure i could never get my son back, in Gross violation of  established CHINS proceedings.  I  am told the  Order that Terminates my parental rights is void, Ab initio  and i need to know how to proceed  and present it to a court  so  that my son can be returned to me, as the law required him to be in 2007,again, due to there being  NO substantiaton of abuse, neglect, or finding of  parental unfitness!!!  Please help, if you can; THANK YOU!!!   Fred's mom

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brettd | High School Teacher | (Level 2) Educator Emeritus

Posted August 27, 2011 at 7:51 AM (Answer #2)

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It sounds like you have already been involved in legal proceedings, and that at least partial rulings have been handed down.  If your rights have been returned to you but not your son, then you need to obtain a court order (although the ruling itself will usually suffice) and go to the local law enforcement office to carry it out for you.

Most public and social service agencies also have a formal complaint mechanism in place, and you have a right to file a complaint against the person you feel has wronged you.  Good luck.

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litteacher8 | Middle School Teacher | (Level 1) Distinguished Educator

Posted September 29, 2011 at 7:39 AM (Answer #3)

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You need a lawyer. You might be able to go to a pro bono law center and get one. Who represented or advised you? I am not sure what the deal is with the brownies, but you are going to need legal representation to fight this. Good luck, I hope you do get your son back.

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