PLEASE HELP ME-please read (sorry kinda long)

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11-12-2008, 08:05 PM
tracey74

PLEASE HELP ME-please read (sorry kinda long)

ok this will be kind of long but please read and help if you can.

ok most of you all know that my sister was killed almost 2 years ago by her friend. no charges were ever filed against the people involved. my sister died jan 30th of 2007..

I am fighting this because on the day of my sisters burial (feb 3)a cop(who was out of his jurisdiction came to my moms house and told my mom he was taking my dead sisters son and he waited for the mother of the girl involved with my sisters death.

he gave the child to her(the cop is a friend of hers) and when a child is taken from the home by the law they have to have proof of abuse and neglect and CPS is supposed to step in to make sure the child isnt in danger and can be returned to the home. THAT NEVER happened.

CPS to this day still isnt involved.the child was then given back to my mom the following day by this woman only to be taken again the next day by the supposed father(my sister was 15 when she had my nephew and the father was over 18 and the law states any one underage has to have a parent or guardian sign the paternity affidavit along with the mother and father in from of a notary-my mother never signed anything her name was forged to the document therefore the "fathers" name was added to the BC(birth certificate).

and a DNA test is to be performed to determine the father is actually the father especially when it comes to going through court again that didnt happen either the"father" just hands over this child to this woman who is no relation to us or my nephew or his "father" then a sherriff who is related to the "father" comes to my moms house and asks for my nephews BC of course mom didnt give it to him.

so my mom went to the DHHR(DCS is there also) and asked what she could do and they told her since the fathers name is on the BC that she would have to take him to court but the "father" has all rights and my mom would be lucky to be able to do anything anyway(come to find out the woman at the office is another friend of the woman who has my nephew)

so my mom went to court last year and her court paper said her appt was for 9:30 am and she gets there and they inform her her court time was 9am and the case was dismissed( my mom only has a 4th grade education level and is partially illiterate so she had no idea she could appeal and didnt because the other woman and the "father" were there and told my mom they got custody since mom didnt show up).

so I go in may(last year) to DHHR and another worker helps me to fill out a paper to get custody and to do a DNA test and the worker sends it to legal aid(ive known this worker for years) legal aid denies me because its a conflict of interest.

so since no one would help me back then and I didnt have the money for a lawyer I kinda let it go since my mom and other sister were pursuing it.these people never got anything stating they had custody or guardianship or anything.they just kept him.

anyway since they took him I have been excluded from my nephews life and I dont know why I have never done anything to this woman or her daughter and Ive known her 8 years and in that 8 years she hasnt even spoken to me for more than 5 min.

she avoids me at all costs Ive tried talking to her before all this and she runs from me. now my sisters and mom were allowed to see my nephew,spend time with him have him overnight and what not.

until june of this year when my mom and I start getting along again then this woman stopped letting them see my nephew so I said Ive had enough so I go and file for custody. 3 weeks later the woman who has him files for guardianship(she gets a court date before I do) and we go to court and I tell the judge and he throws it out of court because she cant do that apparently.

so it was set to go before the family court judge.(in this time frame I hire a lawyer) we go to court and the family court judge dismisses it because he said its not in his jurisdiction and he cant make a ruling because there is no papers stating abuse or neglect.

we asked for visitation and he said he wont make any rulings at this time and theres no proof of anyone having guardianship or custody. now no judge and court in my county wants to take the case. all because I know this woman has"friends" in low(or maybe high places) and can pull strings I know this because Ive known this woman for a long time and seen how she operates and Ive had papers come up missing from my court file so I now get copies when I file anything which pisses the people off at the court house.

this woman has her underage daughter taking care of my nephew and when she isnt hes either in day care of with god knows who. both mother and daughter like to party and do other things so they dont spend much time with him they either carry him or put him in a stroller he's 3 years old for gods sake ..

now all of a sudden in the last 2 months a paper pops up saying the "father" gave this woman temporary custody and the paper is notarized and signed and dated for LAST october. does this sound kosher to you?

yet no one wants to see whats in front of them or are purposely overlooking it. Im trying my best to do what I can legally but I keep getting doors slammed in my face and hitting brick walls.

everyone in the county including us believe my sister was killed for her child- these people were never charged in her death, she was supposedly run over but had no broken bones-she was like 5'5 and 125 lbs.

the state med examiner refused to do an autopsy on her when she died since no files were being charged(neither girl had a license or permit to drive and arent suppose to be driving even if they had one without a licensed driver over 21)and its a state law here in wv that when an underage person dies an accidental death or mysteriously they automatically do one

well they didnt do it so the hospital did one and again no broken bones,etc. the pathologist tells me in not so many words that the state med examiner was wrong to refuse the autopsy and for me to get a good lawyer because to him(in not so many words-it wasnt an accident).

DOES this sound fishy to you people reading this? but no lawyer including mine wants to pursue that part because the police have her as driving and the only witness they have to that is the girl involved. what Im asking here is does anyone have any ideas,thoughts,etc

on what I can maybe do and maybe knows how to go about getting a petition?I need all the help I can get.

I went to a news channel a few months before I got the lawyer but never heard back and I also wrote to the state attorney generals office and nothing there either.

this custody battle is taking its toll on me and I dont want to give up on my nephew my sister would have wanted him with family not where he is now. my nephew deserves to know his family and his heritage and so on and he's not learning anything but learning how to be shuffled around.

they dont even play with him and half the time dont let him walk on his own hes three and he's either being carried or in a car seat or stroller.for 3 he doesnt have a very big vocabulary because none of them want to take the time to teach him(like I could and would).

all they care about is their partying and their illegal activities and keeping him from family.Im wanting him because yeah my mom is an alcoholic(she raised 5 of us this way) and my other sisters cant take him for other reasons so I said i would since I have the time for him and the patience and the love to give him and Im doing it because I know my sister would have wanted it that way.

so any ideas anyone has would be greatly appreciated. you can IM me reply here.
Thanks for listening
11-12-2008, 08:14 PM
atprm

**Putting it into PARAGRAPH format because I had difficulty reading it -- I am sure others will too. Albeit, it's still hard to follow.**

Quote:

Originally Posted by tracey74

ok this will be kind of long but please read and help if you can.

ok most of you all know that my sister was killed almost 2 years ago by her friend. no charges were ever filed against the people involved. my sister died jan 30th of 2007..

I am fighting this because on the day of my sisters burial (feb 3)a cop(who was out of his jurisdiction came to my moms house and told my mom he was taking my dead sisters son and he waited for the mother of the girl involved with my sisters death.

he gave the child to her(the cop is a friend of hers) and when a child is taken from the home by the law they have to have proof of abuse and neglect and CPS is supposed to step in to make sure the child isnt in danger and can be returned to the home. THAT NEVER happened.

CPS to this day still isnt involved.the child was then given back to my mom the following day by this woman only to be taken again the next day by the supposed father(my sister was 15 when she had my nephew and the father was over 18 and the law states any one underage has to have a parent or guardian sign the paternity affidavit along with the mother and father in from of a notary-my mother never signed anything her name was forged to the document therefore the "fathers" name was added to the BC(birth certificate).

and a DNA test is to be performed to determine the father is actually the father especially when it comes to going through court again that didnt happen either the"father" just hands over this child to this woman who is no relation to us or my nephew or his "father" then a sherriff who is related to the "father" comes to my moms house and asks for my nephews BC of course mom didnt give it to him.

so my mom went to the DHHR(DCS is there also) and asked what she could do and they told her since the fathers name is on the BC that she would have to take him to court but the "father" has all rights and my mom would be lucky to be able to do anything anyway(come to find out the woman at the office is another friend of the woman who has my nephew)

so my mom went to court last year and her court paper said her appt was for 9:30 am and she gets there and they inform her her court time was 9am and the case was dismissed( my mom only has a 4th grade education level and is partially illiterate so she had no idea she could appeal and didnt because the other woman and the "father" were there and told my mom they got custody since mom didnt show up).

so I go in may(last year) to DHHR and another worker helps me to fill out a paper to get custody and to do a DNA test and the worker sends it to legal aid(ive known this worker for years) legal aid denies me because its a conflict of interest.

so since no one would help me back then and I didnt have the money for a lawyer I kinda let it go since my mom and other sister were pursuing it.these people never got anything stating they had custody or guardianship or anything.they just kept him.

anyway since they took him I have been excluded from my nephews life and I dont know why I have never done anything to this woman or her daughter and Ive known her 8 years and in that 8 years she hasnt even spoken to me for more than 5 min.

she avoids me at all costs Ive tried talking to her before all this and she runs from me. now my sisters and mom were allowed to see my nephew,spend time with him have him overnight and what not.

until june of this year when my mom and I start getting along again then this woman stopped letting them see my nephew so I said Ive had enough so I go and file for custody. 3 weeks later the woman who has him files for guardianship(she gets a court date before I do) and we go to court and I tell the judge and he throws it out of court because she cant do that apparently.

so it was set to go before the family court judge.(in this time frame I hire a lawyer) we go to court and the family court judge dismisses it because he said its not in his jurisdiction and he cant make a ruling because there is no papers stating abuse or neglect.

we asked for visitation and he said he wont make any rulings at this time and theres no proof of anyone having guardianship or custody. now no judge and court in my county wants to take the case. all because I know this woman has"friends" in low(or maybe high places) and can pull strings I know this because Ive known this woman for a long time and seen how she operates and Ive had papers come up missing from my court file so I now get copies when I file anything which pisses the people off at the court house.

this woman has her underage daughter taking care of my nephew and when she isnt hes either in day care of with god knows who. both mother and daughter like to party and do other things so they dont spend much time with him they either carry him or put him in a stroller he's 3 years old for gods sake ..

now all of a sudden in the last 2 months a paper pops up saying the "father" gave this woman temporary custody and the paper is notarized and signed and dated for LAST october. does this sound kosher to you?

yet no one wants to see whats in front of them or are purposely overlooking it. Im trying my best to do what I can legally but I keep getting doors slammed in my face and hitting brick walls.

everyone in the county including us believe my sister was killed for her child- these people were never charged in her death, she was supposedly run over but had no broken bones-she was like 5'5 and 125 lbs.

the state med examiner refused to do an autopsy on her when she died since no files were being charged(neither girl had a license or permit to drive and arent suppose to be driving even if they had one without a licensed driver over 21)and its a state law here in wv that when an underage person dies an accidental death or mysteriously they automatically do one

well they didnt do it so the hospital did one and again no broken bones,etc. the pathologist tells me in not so many words that the state med examiner was wrong to refuse the autopsy and for me to get a good lawyer because to him(in not so many words-it wasnt an accident).

DOES this sound fishy to you people reading this? but no lawyer including mine wants to pursue that part because the police have her as driving and the only witness they have to that is the girl involved. what Im asking here is does anyone have any ideas,thoughts,etc

on what I can maybe do and maybe knows how to go about getting a petition?I need all the help I can get.

I went to a news channel a few months before I got the lawyer but never heard back and I also wrote to the state attorney generals office and nothing there either.

this custody battle is taking its toll on me and I dont want to give up on my nephew my sister would have wanted him with family not where he is now. my nephew deserves to know his family and his heritage and so on and he's not learning anything but learning how to be shuffled around.

they dont even play with him and half the time dont let him walk on his own hes three and he's either being carried or in a car seat or stroller.for 3 he doesnt have a very big vocabulary because none of them want to take the time to teach him(like I could and would).

all they care about is their partying and their illegal activities and keeping him from family.Im wanting him because yeah my mom is an alcoholic(she raised 5 of us this way) and my other sisters cant take him for other reasons so I said i would since I have the time for him and the patience and the love to give him and Im doing it because I know my sister would have wanted it that way.

so any ideas anyone has would be greatly appreciated. you can IM me reply here.
Thanks for listening
11-12-2008, 08:20 PM
tracey74

I understand its hard to follow but its even harder to have to deal with.
Basically around here you can take a child from its home if its parent dies(if unmarried) and keep the child and nothing will be done to you
11-12-2008, 08:21 PM
CLARKS4

I dont have any advice but just wante to give you a :hug. I hope you are able to get things worked out.
11-12-2008, 08:24 PM
ilovecats

Quote:

Originally Posted by CLARKS4

I dont have any advice but just wante to give you a :hug. I hope you are able to get things worked out.

Same here.Sorry your family is dealing with this.
11-12-2008, 08:25 PM
atprm

Quote:

Originally Posted by tracey74

I understand its hard to follow but its even harder to have to deal with.
Basically around here you can take a child from its home if its parent dies(if unmarried) and keep the child and nothing will be done to you

So your Mom and sister are not pursuing it?

What has your attorney said? What has their attorney (your mom's atty) said? Doesn't she qualify for Grandparent's rights? Certainly sounds like she could sue them for a false signature or something...
11-12-2008, 08:30 PM
pepperpot

If they are doing illegal activites....if possible, I'd try to document those and go the CPS route....:shrug

I wish I could suggest more....:hug
11-12-2008, 08:30 PM
155oaks

you truely have a huge battle on your hands.

I would start the battle over from step one. Call child protective services 1st and just start with the bare minimum info with then it will come out. Do you have the birth certificate for the child? Tell the you are worried about the child and do not believe he has been approved to be in someone custody.

The find the death certificate get a copy. IF you didn't agree find out who you need to talk to about the information.

Hire a an attorny right away. Be pursuing this mater don't give up on the mater..
11-12-2008, 08:46 PM
Heidi

Sounds like a big messy ordeal to me. If your mom is an alcoholic as you say, she just needs to stay uninvolved because that surely can't help your case. The only thing I can suggest is slow down, take your time and get all your ducks in a row before trying to get him again. Make sure your home life if top notch, make sure your finances are in order then and only then I would petition the court for custody. Also, don't throw out accusations unless you have proof to back it up ie; illigal activity, they murdered her for her child, etc.
11-13-2008, 06:53 AM
CAMSmama

Sorry you are going through this. just don't give up!! I had a friend whose ex came all the way to florida, took her kids back to WV and it was a LOoonnng time before she got them back thanks to those "good ole boy" ways there. seems like everyone is up someone elses' butt so it's hard to do it legally, but it will pay off in the end . good luck to you and your nephew.