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Archive for the ‘Legal Crap’ Category

Stop The Insanity

Saturday, July 25th, 2009

So, this week?

Unbelievable.

Last Friday I announced that our attorney had informed us that the County Attorney would be filing a case for terminating the parental rights of our foster children.  After four years and four months, this was welcomed news.

What she didn’t mention….

was that she was also working on filing a Joint Managing Conservatorship on our behalf.  I accidentally found this out today when our paralegal mentioned that the “managing conservatorship should be filed by the end of the day, we’re just waiting for a signature”

WE THROW FRISBEES????

Are you kidding me?  We had previously discussed getting Managing Conservatorship in May, but had dismissed that idea because the CPS finally looked to be going somewhere.

Now, this is not to say that we wouldn’t be fine with JMC.  It might actually move things along.  It just didn’t need to happen TODAY.

JMC would allow us to sue both CPS and Mama to terminate their rights to the children and allow us to be the Sole Managing Conservator, and allowing us to adopt the kids.  Great news.  We would love nothing more.

However….

There are some things that need to happen before we file for termination.  We need to have an updated Homestudy.  Ours might as well be yours as accurate as it isn’t.  For one thing, both of our fathers, who are alive, are listed as dead in our Homestudy.  This is a very provable fact that was completely missed.  You can imagine how the nuances might come into question if the FACTS aren’t correct.  So, that needs to be updated.

We also need to have the kids heads shrank to see if they are on board with this next chapter of their lives.  They need “pre-termination psychologicals” some expert needs to decide that they believe us to be their parents and that they have no hidden feelings about their relationship with Mama.  THEY ARE FOUR AND FIVE.  Princess proudly announced her great parenting skills and showed me her baby that she’d taped into a box earlier.  Do you really think that it is necessary for her to sign off on her own adoption?  I don’t think she really knows what’s going on.  Sure she can explain that all babies come out of somebody’s tummy, and sometimes they live with their tummy mommy and sometimes they live with another mommy.  She knows she didn’t come out of my tummy.   I don’t know what else they will be able to ascertain, but we need three psychologicals performed before we can file termination.

We were informed yesterday.  We can’t get an appointment until the end of August.  It will take three weeks to complete them.  This puts us mid-September before we can file for termination.

Why did JMC need to be filed TODAY?

Joint Managing Conservatorship will take the kids out of foster care.  YAY!!!! We dream of that day.  But, since we cannot even file for at least six more weeks they don’t need to come out of foster care today.

It’s not about the money.  Per se.  But as long as I have to follow the fostering rules, foster care is sending me a reimbursement check.

If we get our ducks in a row, ie homestudy and psychs, before CPS actually files for termination on their own, we’ll go ahead and file that JMC suit.

And then we’ll wait.

Again.

or

Still.

Until then, I want my twenty bucks a day.

Are You Sitting Down?

Friday, July 17th, 2009

They have informed us that they are filing termination….

on MONDAY!!!!!

I don’t recommend you hold your breath, but crossed fingers would be acceptable and appreciated.  Court will be scheduled when they file, so we should hear Monday sometime this year, when it will be.  They have to give 45 days notice and “anticipate” scheduling it as soon after the 45 day deadline as possible.

Good news is that it looks like we’ll be parents this year.

Like I said, this depends on people doing what they have promised to do, which is why I discouraged the holding of your breath.

I'd Like to Speak to an Attorney, MINE

Friday, July 10th, 2009

I know, dream big.  I called today, to run something by her.  She was gone, her paralegal busy.

I know, shocking! But breathe slowly and deeply, you’ll get over it.

As you recall from yesterday, Mama has been stalker calling.  Several years ago, in an attempt to form a relationship with the mother of my children, I agreed to let her call.  I’m OK with that, and feel it would be beneficial for the kids to know all of their family.

I still feel that way.

That’s not to say that poor behavior shouldn’t be consequenced.  A couple of days ago, Mama stalker called me, then reported me to CPS for not answering her calls.  I had answered some of the calls, I had even returned her calls.  Instead of talking to me, Mama was either silent or pretended she didn’t understand English.  Annoying, because I have caller ID, I know it’s you.

So?  Consequence.

My original placement papers say that I am to have no contact, or allow no contact with the birth family that is not directly supervised by CPS.  There you go.  Unless, CPS is monitoring her on the phone from their office, no calls.

If she would like to negotiate phone calls in her open adoption agreement that we have offered.  Great.  We’ll talk.  Until then, we won’t.  If you don’t like it, drag me into court.  Please, drag me into court.  Give me my freakin’ day in court.


Huh?