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DCF/HKI successfully had my parental rights terminated & adopted by my mother; Where do I start to get them back?

Tampa, FL |

Case filed back in year 2005, I was much younger then and long story short accusations against me involved drugs, neglect, and so forth. Case plan was then set & our goal was REUNIFICATION. The entire time this was active my mother had me lie,lie & lie to each Investigator I came in contact with. Older now & with much clearer vision ( AND INDEPENDENT) I feel very much like her puppet more now then before. My mother also worked with DCF for 11years! Knowing the system in & out; what to say what to do! I HAD NO IDEA OF THE THINGS THAT I DO NOW! I want nothing more then to FIGHT this head on; but also in need of getting pointed in the right direction? DO I HAVE CHANCE TO GET MY CHILDREN BACK ? I went to req the whole case from DCF and was handed 5 pages with parts "blacked out,PLEASE HELP

Attorney Answers 2

Posted

Unless DCF and you mother agree and your child, if old enough, then there is really no chance for you to get your child back once your rights have been terminated.

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2 lawyers agree

6 comments

Asker

Posted

Even if I was present all the times they thought different? We all even lived together under the same roof?

Heather Morcroft

Heather Morcroft

Posted

Even if.

Asker

Posted

Excuse me with my tardiness on the following situation,I'd like to thank you for your time and your direct answers. If I may with all due respect ask of you one more question??? She drops hints/comments such as she's getting older and she's surprise how well I've taken the hits, etc. How or What do I do to protect our future with the children or better yet their future ?

Heather Morcroft

Heather Morcroft

Posted

You mean if she dies? You would need to go see a family law/estate attorney. She needs to set up a will indicating her desire as to who would be their guardian. If she is thinking that it should be you, normally that would not be allowed. But if she indicates it properly, her expressed wishes might encourage a court to allow change. Or if she is saying you are ready now, and you could get DCF to agree, perhaps you could arrange to adopt them back. You need to find out what she is thinking. But you don't want to push her if you think it would cause her to back off either.

Asker

Posted

That is what I most diffidently do NOT want. I feel as though it's more about "money" then anything. Strong Factor (this is me assuming) while case was active a huge Life Changing Event occurred, my husband was murdered and I had a hard time keeping up with all that was going on around me. Long story short, there was a time I had been receiving checks for myself & the children, she reported to Case Agent & that same week checks plus the money from HKI she since then has no longer been employed. In some dis-agreements I've made it clear that she can stay/keep all that she's collecting as long as the children return with me. Ms. Morcroft when you stated "indicates properly & expressed wishes" that may encourage the court; other words even if I could possibly come across "legal issues/concerns"? I am just wanting to be as positive as one can and BE SMART. So now if we come to an agreement, I then have to report to DCF and re-adopt? This has been done before?

Heather Morcroft

Heather Morcroft

Posted

You wouldn't just have to "report" to DCF, DCF would have to approve it.  It has happened, but very rarely.

Posted

Unfortunately I agree with Ms. Morcroft that this will be very difficult assuming that DCF followed all the proper procedures. i am sorry about the situation.

This information is provided as a public service to provide a general answer and should not be relied upon as legal advice.

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1 comment

Asker

Posted

I'd like to thank you for your time and your advise. Situation is more then just difficult beyond belief. Thank You again.

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