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emara

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  1. I had written a longer post that had disappeared. I'll continue in this post. I am a health care professional with experience with people with mental illnesses. My friend doesn't exhibit the symptoms that I am accustomed to seeing. I am not a psychologist/psychiatrist but this is based on my experiences. She also has a relationship with a counselor from her campus. Her counselor who is very qualified, also says she does not have nor was ever diagnosed with a mental illness. She recently had an encounter with another psychologist and he also said she doesn't have a mental illness. How should we know? We know virtually none of the relevant facts. All we know is that a court apparently issued an order taking custody away from your friend. That's obviously not a good fact for her, but it's not something that can't be overcome if the evidence is in her favor. I'll tell you everything you want to know. I just want to help my friend. My friend got served this petition for alleged child abuse on a Saturday. The father wrote the petition on Friday hours after she sent him a message stating she would like to talk to HIM about the care of their child, not his mother. In the petition, the father and his family allege that the baby is deaf based on a presumption that the grandmother made. They also allege that both families told her to take the baby to the doctor, that she lives in a tent, has previous mental issues and eat out of the trash. The father made an urgent life or death plea in his letter. My friend has proof that the child is not deaf. She had the baby's hearing tested at birth and has a certificate and a bill to prove it. My friend does not live in a tent nor does she eat out of the trash. I stated above the proof that she doesn't have a mental illness. She also has damning evidence against the credibility of the father. She went to a hearing the following Tuesday and the judge ruled that the baby can stay in the custody of the father and his family pending the outcome of a CPS investigation. They interviewed her and they interviewed the father. They have another hearing in a few days. This is for the Protective Order. She had a separate protective order filed by her parents against her that lead to a stay in the psych ward. This makes me worried because this can affect her current case with the child's father. I'm not sure what you mean by this since a custody case apparently is pending. What she should do is seek assistance from a local family law attorney. This is a protective order case. Like a restraining order. She could still open a separate custody case but they will consider any previous protective orders. She is stubborn and doesn't want an attorney. She doesn't have money for a really good one. And based on my research, she can get a free one but as I stated earlier, she's very stubborn. Her belief (as you have described it) is beyond silly. A child is not property, and simply uttering a declaration does not obligate anyone to do anything. The best thing you can do for your friend is to encourage her to obtain legal counsel. I agree. She strongly believes in the Karl Lentz common law spiel that falsely claims that children are your property and you just need to apply common law property laws to a child custody case. I told her that her situation is unique, that she is misunderstanding things and that a child is never a piece of property. I don't think her spouting off that her child is her property will help her case as it will lead the judge to question her mental health. I am strongly advocating the use of a lawyer as the other side has one and the other side doesn't have his whole family against him. Thank you for reading my post.
  2. I believe it was a petition. I'll have to double check and get back to you. The father and his family came to her house with the police and took physical custody of the baby. She got a copy of the paperwork which stated she was not to come to his address and not to try to contact the father or the baby. They also wrote very untrue things about her to get this to go through. They filed the documents on Friday and on Saturday morning, they took her child away. She said child protective services was investigating the claims that she abused her son by not taking him to a doctor (The Grandmother thinks the baby is deaf and he isn't. My friend has proof.) and that she eats out of a trash can outside and she sleeps in a tent. (All of which are not true.) Investigation by whom?
  3. Hello everyone, I have a friend that is trying to win custody of her son. Here are the details. My friend got pregnant around a year ago. She wasn't in communication with the father from October 2015. She reached out to his family in November to let them know she was pregnant. She had the baby at the beginning of the year. She communicated with the paternal grandmother and they wanted a DNA test. She consented and the test came out that the father was the father. She communicated and visited with the grandmother for a few months until my friend wanted to speak to the father. My friend cut off the grandmother because she wanted to speak to the father as it was HIS son. The grandmother said that she was going to be the only link to the father and nothing could keep her away from the grandchild. At the last visit from the grandparents, they wanted to know if the child was deaf. My friend had a hearing test done at birth and didn't take the child to the doctor because of the test results. As I spend a lot of time with her and the baby, I know the child isn't deaf. A week ago, my friend gets served with a protective custody order from the father and his parents and they took the baby in their custody. In the order they allege things that simply aren't true such as a mental disorder, threats to the baby and refusing the baby any medical care. My friend's parents volunteered additional untrue information because of their rocky relationship. My friend went to the first hearing on Monday where the judgement was that the baby must remain in the care of the father and his family. There is another hearing pending an investigation in a week. Yesterday, my friend's parents created a protective order against their daughter (my friend) after a protective order my friend filed against her father didn't go through in court. In the new protective order, they allege that my friend has diagnosed mental problems and that they felt threatened. My friend, while trying to remove her belongings from her parent's house with two police officers present, was trying to move out. She said she heard the officer in another room ask her father if he wanted them to detain her and he said yes. The officers carted my friend off to a mental ward at the local hospital. After one night, and deeming her not having any mental problems, the doctor released her. I personally believe that her parents wanted to prove her as mentally unstable so she would not get her son back. She (and I've known her for more than 10 years) isn't mentally unstable. What I want to know are what are her chances at getting her son back after the second protective order hearing? Should she bother opening a custody case? She believes really strongly in common law and property law and believes if she says, "He's my property, give him back." that they will have to return her son to her custody. I don't subscribe to this belief. Is she right? I just really want to help my friend but I want to know the real chances of this landing in her favor. Thank You In Advance
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