My question involves a child custody case from the State of: New York
Please read this case info and give any advice or information that pertains to it.
We lost custody of first son in April 2010, he was just 3 months old and waas put into temp. custody with my parents. When my dad called CPS to report us (he's a mandated reporter) he had to mention, more to the poin,t exaggerate childrens father and I having "mental health issues." He gave details about my hospitalizations and abuse of perscription meds. I was going to go to trial because I didn't feel that in our situation it was neglect on behalf, but my father called me on the trial court date on my cell phone, from the courthouse to see where I was. I was running late, and about to get in the elevateor. He told me that CPS summoned my medical records from my 5 inpatient psychiatric floor hospital admissions, and there were 6 HUGE boxes of information on me! I was too humiliated to go up there, and I called my lawyer and told her I would not go to trial, and I agreed to do the "court menu" for CPS in August 2010.
I got off to a rough start. After almost 2 years of sobriety, I relapsed and began taking adderall again. I started domestic violence victims counseling, and in november quit taking adderall. In January I started the 12 week parenting class. I also found out in Jan. 2011 that I was pregnant-again! I was not trying to get pregnant, but obviously knew it was a possibility as we were not using any forms of birth control anymore. I was so excited. I wanted more children, but was planning on waiting til we had custody of our firstborn again. Well, as happy as we were, I was really worried. I didn't know if because of our case that I would not get custody of our newborn. The immeadiatly called my attorney, she said that unless there was a situation where child was at risk, there was no reason we could not have custody of the new baby. Our caseworker for childrens services at the time said the same thing!
I began finished dv counseling, parenting classes, and continued with my mental health and chemical dependency treatment for the court menu. I was kept on Haldol until June of 2011, was taken off of it so I could try breastfeeding. My toxes were all negative as I had been sober since Nov. 2010. I had great mental health counseling reports that I was stable and making progress. I liked the place where I had started recieving MH and CD treatment in July 2011. My visitations were liberal with eldest child, and I was granted unsupervised time once a week with him. Our son and I have a great relationship-I love him so much, he is absolutly hysterical and adorable! So, things were going great...
The day after I had our 2nd son, I was holding him in my room at the hospital. A lady walked in, I thought she was the lactation consultant! She shocked me to the core when she said she was from CPS that she needed to talk with me. She told me that she had to go inspeact my apartment and approve it was baby-ready in order to bring him home from the hospital with me! THEN, she told me I would have a supervisor from CPS come 6 times a week, for an hour each day to "observe my parenting skills!" WHAT? I was sobbing, and when she left I broke down and was crying uncontrolably. I called my lawyer, who was confused as to why this had happened.She told me to just agree with whatever she says. I called my mom, and she arranged to have the lady from CPS see my apartment the next morning, my discharge date.
I had a bad feeling, even though I knew that she would love the baby's nursery and my apartment. We had all the things we needed for our second chance as custodial parents. 5:00pm rolled around, and I was tol there had been a hold notice from CPS put on my son and that I would have to be discharged at that time. It was HORRIBLE! My mom picked me up, and we went to her house where we waited for CPS to bring him to his new "home". My parents were even pissed off that they didn't warn me about this. So, he is in foster care with my parents along with his brother. TOTAL MESS.
On court on Oct. 4th, we were given a remand date for Oct. 7th. I have been stable and sober, even through all of this! I have not been on meds, have not needed them. Well, of course, the attorney for cps focused on past history, made me look like a crazy lunatic, and the judge decided he was at "immenent risk"! WOW. I thought the goal was "return to parents?". I have not been the same since.
I have arthritis in my spine, and have had a fusion done at c5-6. I live in constant pain, most days. The winter is SO BAD on my arthritis, sometimes I can't leave the house to avoid making it worse. I do not take narcotic painkillers unless they are perscribed and I really need them. I SHOULD take them daily from a pain clinic, but don't want to go there. Anyway, I want desperatly tpo get out of NY because of the weather. I loved AZ, and when we found out 2nd child would not be returned, I took out the rest of my back pay and started making plans to surrender my rights and move to AZ-leaving behind the two most precious children in the world, my baby boys. I see no way of winning this! I have been compliant for a YEAR NOW and they still did the TPR'S!
We have court for "further proceedings" on the 31st-Halloween. Boo.
Is there ANY way I can prove that my sons belong with me, that I can get custody of them and move to AZ WITH my children? My parents became foster parents in I think Feb. or March 2011. So, now what?
Are they planning on stringing me along again, so that the time limit will expire, and my babies will be ADOPTED by parents?
Help, help, please help me! I will answer any questions, if asked.
I know it's a confusing mess. SIGH. Thanks for reading, please reply if you have advice, etc.....
Thank You! ZandB



  1. Re: Termination of Parental Rights Due to Parents' Mental Illnesses-Read and Advise

    Your situation is far beyond the scope of a message forum; you seriously need to be speaking with your attorney.

    An intelligent hell would be better than a stupid paradise - Victor Hugo

  2. 10-22-2011, 05:51 AM #3


    PQN is offline Senior Member

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    Default Re: Termination of Parental Rights Due to Parents' Mental Illnesses-Read and Advise

    Quote Quoting ZandB2011

    View Post

    I see no way of winning this! I have been compliant for a YEAR NOW and they still did the TPR'S!
    We have court for "further proceedings" on the 31st-Halloween. Boo.

    They already did the TPRs? Or they have filed for them?

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Please make note that I, Jessica Lynn Hepner the creator of What Every Parent Should Know, is not giving legal advice. I am not a lawyer. I am giving you knowledge via first hand experiences.

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