Child Custody Rights Defense

Summary

Substance use away from a child or baseless accusations without evidence are generally not sufficient grounds for child removal or termination of parental rights in Iowa. To strengthen your case, consider gathering documentation of completed treatments and evaluations, securing witnesses to testify to your parenting and sobriety, and filing a legal motion to contest the termination, emphasizing lack of evidence and procedural violations. Seeking new legal representation may also be beneficial. Act promptly to present this information in court.

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In Iowa, a caseworker removed my child based off false presumption/accusation that I neglect my child because of missed doc appointment when really I was waiting for insurance to renew as they had taken me off and were putting me back on it since I was giving labor to a baby on the day of the payment. The caseworker removed my child because she assumed I was using a substance which the removal was a way for her to enforce drug testing as though it was a justifiable reason to remove my 3 month year old. My attorney pushed me to stipulate or agree with them that the removal was appropriate when it wasn’t. Plus no proof. Son was not neglected or abused and hhs never had to prove anything in court for the removal because my attorney told me that’s the only choice I had. How do I stop a termination of my rights in two days and prove the actions by my caseworker focused on separation and never was actively trying to help me. I completed an outpatient treatment and aftercare and therapy and have had * evaluations and no complaints. What actions can I make or bring to court to win this case or stop an involuntary termination of my rights due to their overzealous abuse of power, misconstrued facts, and clear violations of my rights my sons rights and prove a passed use of substance abuse not involving the child being around him any enough to remove a child or end my rights in Iowa
You should consider these actions:
- Documentation: Gather all evidence of completed treatments, evaluations, and proof of no substance abuse.
- Witnesses: Bring witnesses who can testify to your parenting and sobriety.
- Legal Motion: File a motion to contest the termination, highlighting procedural violations and lack of evidence.
- New Attorney: Consider seeking a new attorney for fresh representation.
Given the urgency, act immediately to gather and present this information in court.
is substance use away from a child or even an assumption of using based off baseless false accusations of medical neglect due to waiting for new insurance card to come into the mail a legal way to remove a child from a home or terminate a parents rights in Iowa
Substance use away from a child or baseless accusations without evidence are generally not sufficient grounds for child removal or termination of parental rights in Iowa. To strengthen your case, consider:
- Documentation: Present evidence of completed treatments, evaluations, and proof of no substance abuse.
- Witnesses: Bring witnesses who can testify to your parenting and sobriety.
- Legal Motion: File a motion to contest the termination, emphasizing lack of evidence and procedural violations.
- New Attorney: Seek fresh legal representation.
Do you have documentation or witnesses ready to present in court?