Court charged one parent with 1 count of NA for child A, dropped the other 3 charges of NA against children B,C,D. The innocent parent who attempted to protect children B,C,D (A is no relation), was pulled into case under One Parent Doctrine and forced to comply with CPS services as an innocent person.
Children A, B, C, D are given back to the NA parent while innocent parent had parental rights terminated while never being charged/ajudicated for any crime nor any NA (no criminal history), all points of termination were misapplied.
Innocent parent appealed the case up to MSC and the case was eventually set aside by trial court in June 2015.
Trial court has made it virtually impossible for innocent parent to get custody of children who are living with NA parent. Several people have come forward saying they witnessed abuse and neglect of, and drug use around children. Innocent parent's attorney has not properly represented the client, failed to bring key witnesses forward, to ask very important questions, failed to challenge ex-partes.
Can the innocent parent hold court responsible for termination? Can the children be taken out of harms way?
You can always fire your attorney and hire another one. This question is far too complex for this forum. Call the bar association for a referral or use the avvo tab.
Answers provided by attorney Thomas Erb Jr. to questions on Avvo DO NOT form an attorney client relationship. Tom is available to represent persons in legal situations for a fee. Only after Tom is retained, or agrees to discuss a matter privately, shall Thomas Erb Jr. be deemed your attorney. Tom answers questions on Avvo only to provide general advice based upon the limited information in the question
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