Can a petition for motion to dissolve be granted on the behalf of four children, whose parents were wrongly accused and

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Customer: Can a petition for motion to dissolve be granted on the behalf of four children, whose parents were wrongly accused and ordered to not have any contact without supervision from a child agency, if the protective order was given to an individual on erroneous grounds. No investigation was done, the order was delivered after a social worker disclosed that the parents were on a “good track” and he’d keep in touch. Nothing changed between that conversation and the order being issued 9 days later.
Answered by ErnestI810 in 2 mins 1 year ago
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ErnestI810
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ErnestI810
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ErnestI810, Expert

Hi. Thank you for using Just Answer! My name is*****'ve been an attorney for over 30 years. I can answer your question!
First, let me say that I understand that legal issues can be perplexing.  Often, they are emotional, as well.  Despite that, I am here to help. To make sure I give you the best information I can, I want to be sure I understand your question.
Please let me know if there are any additional details before I answer.

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ErnestI810, Expert

As I understand your question:  you want to move to dissolve an order that calls for supervised visitation for both parents. You say the order was entered without any grounds, no investigation, and that it is just plain wrong.
Is that correct? Let me know.

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ErnestI810, Expert

Are you ready to get started?
Be assured I will guide you through the process and answer your question.

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ErnestI810, Expert

May I know your first name so I can address you correctly?
By the way, this a text chat service. In some cases, a phone call is preferable. I am happy to speak personally if you feel that will be helpful.

Customer
Thank you. Leah
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ErnestI810, Expert

Hi Leah - It's nice to meet you.  Can you take a minute and fill in the details?  What actually happened in this case?

Customer
it’s easier we can talk Or I don’t mind to explain if that’s preferred
Customer
That’s was meant to say * if it’s
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ErnestI810, Expert

We can talk, but we have to use the Just Answer phone system. It is a premium service that will cost $59.  Most people find the live phone call very helpful.  And I'm happy to do it.  Or we can text.  It is really up to you.  I'm good either way.

Customer
We were accused of child abuse, drug abuse, and neglect. On top of domestic violence. Neither of us have been excused or charged prior to this and do not have a legal footprint. Before this we were upheld in the community as great parents. Now we don’t even have not one of our children.
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ErnestI810, Expert

I see. That's terrible.  Do you have a court date yet?

Customer
11/19/21
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ErnestI810, Expert

Ok. So you need to prepare for court.  Do you have a lawyer?

Customer
They assigned us one when the order was given to the agency. However neither lawyer of ours has returned a response to us regarding our children and their current situation with the person that the agency placed them with
Customer
We have complained to the supervisor and plan to try to go up the chain since she was hopeful with efforts to help us, but failed and now won’t respond to us.
Customer
The judges order stated, may or may not be limited to the removal of the children from the home.
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ErnestI810, Expert

I see. So, to answer your question, you can petition for the return of the children, but that is the point of the hearing on 11/19.

It is when the judge should decide if there is any merit to the complaints against you and whether your children need protection or not.

Keep in mind, the court will want to make sure your d=children are safe, but it will also want to return them to you.  The law says that if children are safe the best interest of the children requires placement with the biological parents.

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ErnestI810, Expert

So brings us to how you're going to prepare and what you're going to do about two lawyers who are non-responsive.

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ErnestI810, Expert

First thing tomorrow morning you're going to speak to your lawyers.  If that means camping out on their do doorsteps, that's what you'll do.

You need to talk to your lawyers. you need to know what the evidence against you is. When I refer to evidence, I'm saying is there evidence of drug use?  If yes, what is it.  Perhaps it's nothing more than a complaint from a disgruntled neighbor.  Whatever it is, you need to know.

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ErnestI810, Expert

now in addition to learning what the evidence is so you can refute it, you need to show the court that you and your spouse are fit to serve the best interests of your children.

You do that by sowing the children were not abused, but were, in fact, thriving in your care.

Customer
Thank you! That helps!! Is there anything else you recommend? We are supposed to see our children for one hour one day a week. But that’s not been scheduled yet. It was ordered on 10-13.So you recommend testimony from family? Doctors?
Customer
Should we pay to have drug test done by chain of custody? Since they haven’t been vigilant in obtaining anything from us to show the judge in just 3 weeks
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ErnestI810, Expert

Thriving means -The children :


  1. Get adequate medical, dental, and vision care.  You'll prove this by bring the records of their office visits to court.

  2. Are doing well in school or preschool. You'll prove this with attendance records, grades and anything else. If you have preschooler, get the art work from preschool and bring it to court.

  3. Are involved in extracurricular activities, including sports, music, dance, whatever.  Get the proof ad bring it to court.

  4. Have social interaction with their peers.  You'll prove this with a calendar that lists the dates for playdates, etc.

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ErnestI810, Expert

So, if you know and refute the evidence against you and demonstrate the children are thriving in your care, you will get your children back.

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ErnestI810, Expert

Do you understand my answer? Do you need clarification or more information?
Let me know; I'm here to help, and we can continue chatting.

Customer
Thank you so much you have helped me more than anyone has so far.
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ErnestI810, Expert

Well then I've succeeded at my goal.  I am here to help and, if I did, I'm glad.

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ErnestI810, Expert

Please let me know if I can help you with anything else. Feel free to ask any follow up questions you have.  I am happy to continue the chat.
Also, I want to thank you so much for using Just Answers and allowing me to be your expert.
I will still be online to answer any follow up questions you have.
Please note: It is always helpful to consult a local attorney. He or she will know the law in your jurisdiction and the ins and outs of your court system and can help tremendously.
Let me know how it turns out!!!

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