Custody fights.....bleh!!!!!

What about this seems right???

Custody fights (or as they should be called now...thanks to the legislature changing the name....decision-making and parenting time fights) should NOT be done in the midst of a Dependency case with lawyers that are appointed to the parents almost free of charge.  When a parent has to PAY for a divorce lawyer, they tend to think about what and how much they want to litigate.  They narrow it down to the critical issues (unless they are made of money and if they are, the lawyers just smile all the way to the bank).   In Juvenile Court, where lawyers are appointed at little to no cost to the litigants, they seem to think that EVERYTHING is fair game.  I once was told that there was a custody battle about $25!!!!  All because they could.  None of these fights are REALLY about the kids.  They are about how to screw over the other partner.  In dependency actions were there are usually more than one father, custody has a tendency to get really ugly.  One mother and 3 or 4 fathers (either present or past) and EVERYTHING in the present or past is fair game to be brought up.

IT SUCKS!!!!  This is NOT what I went to law school for and it is an extremely poor use of the Court's and the lawyers' time.

Generational Abuse....either from the Parents and/or the Foster Care system. Either way, it's wrong!

Whether it is the system or the Parents...abuse is wrong!

Question:  Does the system realize that foster care can be psychologically abusive...and do they really care?



When I was a prosecutor, I prosecuted child abusers (both sexual and physical) and I could never understand how an abuser could do something like that.  A child is dependent on the adult parents for life, sustenance, and the emotional reassurance that they are loved.  To deny a child any of that was unacceptable and to actually cause damage was horrifying and inexplicable.

As a contract attorney for Juvenile Court who handles dependencies, I have seen things that I never thought I would see as a prosecutor.  I have represented mothers, fathers, and children.  Some of these mothers and fathers were, themselves, foster kids involved in the system and they never had the opportunity to get the love and affection and stability that a child needs and deserves.  Then, when they become an adult and have a child (often without thinking about the long-term consequences of that decision), they are emotionally unable to give their child the appropriate love and affection and stability.  They become involved with the foster care system and their child is adversely affected.  I have seen substance exposed newborns, physically and sexually abused children, and children who are so psychologically damaged that they are unable to respond to any affection.  Thus, another generation is scarred.

What is the solution?  I don't know but the system is DEFINITELY broken.

Old clients who never really go away...and need to!

Old Angry Client who still thinks I represent him!

There are certain clients who become ex-clients for a variety of reasons.  Either they lose their kids (through severance of their parental rights); they disappear and because they don't reappear, they don't get me reappointed as their lawyer; or I successfully get their case dismissed and "happily ever after" (at least for a while).  The last doesn't happen as much as I would like but when it does, usually everyone is happy...usually.

This latest ex-client was angry from the beginning.  Granted, when CPS comes swooping in and takes away your kid, it can make anyone angry but he was LOUSY and reacting inappropriately and overboard.  He also is very religious (not against that but it affected how he related to others) and from a foreign country originally so he would constantly state how much he hated Arizona (which didn't help).  Finally, he was an MMA cage fighter (which you wouldn't know to look at him) and used marijuana to "self medicate" for his injuries.  He didn't have a medical MJ card (initially) and the use of MJ is "frowned upon" for CPS parents.  I still almost got his child returned to him initially except for the MJ.  Despite  several angry outbursts, we still got his child returned to him and the child's mother in about 7 months (or less...I don't remember how long it took).

He just called the other day and left an angry message for me.  I finally called him back (despite the fact that I don't represent him anymore - relieved when the case was dismissed).  He went to get his daughter's birth certificate and found out that his name wasn't on it.  He was angry because he thought that the lawyers had taken care of that.  I explained to him that we established paternity (through an SP) but that he needed to take it to the Department of Vital Records and get a new birth certificate issued.  I told him how to do it and where to get a certified copy.  He then went on a rant about not having all of the records from the case.  I explained that any copies of disclosure that I received in the case, I made a copy and gave it to him.  He stated that he wanted every piece of paper in the case to take to his "private lawyer".  We had a long conversation about when transcripts are generated and when they are not and how he would have to request and pay for all transcripts himself.  He hung up very unhappy.

Hours later, he calls and leaves two more messages essentially claiming that the paperwork was not in his handwriting and is apparently messed up...I have no idea what he is talking about other than sometimes the lawyers will fill out the paperwork to expedite the filings.  I dread calling him back....

What is wrong with this picture?

April 23 - 

     So...from the previous blogs, it is clear that I represent parents who are involved with Child Protective Services (or as they are now known...the Division of Children, Youth, Family....I forget the rest...).  I might find myself representing the Mother or the Father depending on whom I get assigned that day.

     Today, I find myself in a hearing where I represent a prison mother (she is in Fed. prison - a wholly different story for a different day...).  I found out the day before that she is in transit to another federal facility so she will not be able to be present telephonically.  I get the report from the Case Worker the morning of the hearing (NOTE:  It is supposed to be disclosed to ALL parties at least 10 days prior to the hearing but usually is not...).  In the 14 page report, there is not one mention of the mother.  Usually, the Court report is listed under the Mother's name with the child listed on the right side of the report.  NOT IN THIS REPORT.  Then, usually the report will summarize the reasons why the child was brought into foster care (i.e. the bad things that the parents did).  Only the father's bad issues are listed and nothing about the mother.  In ALL of the 14 pages, there is not one reference to the mother.  You might think, from reading the report, that the mother had died since there is NO mention of her.

     When it comes to my term to comment on the report and issues brought by the mother, I go on a rant (legally speaking) about I doubt that the Division is living up to its' responsibilities of reasonable efforts to effect reunification because there is no mention of the mother at all.  I argue that just because the mother is in prison in no way negates the fact that she is the mother of this child and the Division is obligated to communicate with her and find out what services she has completed or signed up for in prison and that there is no indication that they have even communicated with her.  I got a completely blank look from the Assistant Attorney General (CPS's lawyer) and from the case worker with a look like ...."but she is in prison...."  

     This makes me crazy.  Yes, she did bad things which got her locked up and ultimately convicted of criminal offenses (actually, she illegally re-entered the US after having been deported...) which affect her ability to parent her child but still...SHE IS THE MOTHER!!!!

Out of control Judge, part tre....

Out of Control Judge, 
Part Tre...

(or as Paul Harvey would say..."and Now for the Rest of the story...")















So, when we left our story, the parent had won the severance trial because CPS had conceded that all of the experts testified that he had completed and benefitted from the services provided.  The children were returned to him and you would think that it was "all's well that ends well" but.....no, not when CPS is involved.  Suddenly, at the end of May 2013, the kids are re-removed and we are headed BACK to another severance trial.  I am thinking, "what the F**k!".  The allegations are that he has allowed the wack a doodle wife to be around the kids despite CPS instructions to the contrary and also, he has been allowing the girl child to sleep in the same bed as him.  Oh dear God!!  He has NOT benefitted from services.....(per CPS ideology).  They file another severance petition and we are OFF again.  We start the severance trial in August and we set several dates.  Then the mother of the kids has surgery and is out for a while and we continue the trial several times.  The trial resumes in January 2014 and we find out that the mother and father are living together and have been for several months.  They don't think that this is a big deal DESPITE the fact that she is the MAIN reason why this case has taken SOOOOOO long because she is NOT compliant with services because she is addicted to pain meds, has mental health issues and is basically BAT-S**T crazy!!  The father testifies several times as to his beliefs that CPS has F**ked him over (not necessarily untrue but he hasn't helped matters any) and then admits that they are living together and that he doesn't want a legal separation (despite the fact that he filed it to get CPS off his back and to get the kids back) and really believes that he and his wife can "work it out" and get the kids back!

Ok, so he doesn't live in the real world despite me telling him REPEATEDLY to ditch the wacky witch!

The final twist in this story is that she (the mother) asks to talk to the judge and ends up saying that the lawyer (hers) has betrayed the attorney client privilege and that her attorney is NOT running the case the way she wants it run...yes, you can guess it...the attorney for the mother ends up petitioning the judge to let her out on a Attorney-Client conflict of Interest (ethics problem).  The judge is PISSED off (because we have been in trial for NINE months) but she has no choice as to the ethics issue so she does a Solomon thing (i.e. splits the baby) and severs the parents' trials.  She allows the father's trial to continue and resets the mother's trial with a new attorney.

Well....S**T!!!  Not that I was going to win WITH the mother but I sure as H**L ain't gonna win now.  My client doesn't get it and isn't going to get it when we lose....sigh...

Out of control judge part deux.....

So, this is the second (or maybe more) addition to the tale begun in "Out of Control Judge"....

So, when we last met, the judge (the new one) had just ordered the attorney for CPS to file a motion for severance.  Well, they did....we set trial dates, called witnesses and I KICKED A*S!  My witnesses (who were people who provided services at the request of the State) all stated that my client (the father) not only completed all the services that the State requested but benefitted from same.  That is, in the parlance of the language of Juvenile Court, a big time kick a*s win for the parent.  After the witnesses had so testified, the State "all of a sudden" decides to withdraw it's motion to sever parental rights and set up a plan to place the children with the parent.  Yay!!  Win for the parent!!!!  We are on track for a complete dismissal.  We do a mediation to arrange for custody issues and we get kids placed with parent.  It is rocky because CPS doesn't want to provide the necessary paperwork in order for the parent to do things like enroll the kids in school, get medical care, etc.  It is still working well.  I am thinking that we are headed for a happy dismissal.......when, all of a sudden, CPS swoops in and re-removes the kids from the parent in late May and claims that "the parent hasn't benefitted from services" and alleges all sorts of crap!!!!!

to be continued....

Out of Control Judges

There are good and even GREAT judges but...

   I have a case which has been ongoing for almost two years.  That is very long by the new standards set   by the legislature.  However, having said that, this case has LOTS of complex issues that most of the parties have been attempting to address in a diligent fashion.  The original judge on the case was always well prepared and didn't hesitate to sternly correct any party if necessary.  He was in control of the facts and very conscious of his role.  Sadly, it was his turn to return back downtown where he will serve one of the other benches (criminal, civil, probate, or family - and any one of them will be lucky to have him).  What that meant for our case was that it had to be reassigned to the judge who was taking over all of his cases.  This new judge was a former Assistant Attorney General (who are the attorneys for CPS) so needless to say, she has a professional bias towards the Department.  This was her first hearing in this case and despite the fact that she said she reviewed the file, it was clear that she did not do so or didn't do so thoroughly.  One of the attorneys made the observation that the report contained information contrary to what a witness testified to UNDER OATH previously!  Despite that, the report was admitted without redaction.  Despite the recommendation of the Department to give the parents more time...and DESPITE the fact that the case worker testified that one of the parents had done everything asked about him, the new judge ordered that the attorney for CPS file a motion to terminate the parents rights and went on a rant about what was in the children's best interests...after apparently not listening to the attorney for the children who stated that they wanted to go home to their parents.  What happened to listening to evidence, considering legal arguments, examining the file (when you aren't the original judge), and trying to do the "right thing"?