Summary
If you missed a court date due to incorrect information, file a Motion to Set Aside Default Judgment with evidence of the error. For CPS cases, gather evidence and witnesses to support your parenting capabilities. You can sign over custody or guardianship to a specific person, but court approval is needed. File a petition for guardianship with details about the child and proposed guardian, and notify CPS and other parties. Prepare for hearings by organizing evidence and witness statements. Consider consulting legal aid for guidance.Full Conversation
Toole county montana
Case Rating: *.
First, I'm sorry to hear about your situation. Here are some general steps you can take:
- Request a new hearing for the missed one, citing the wrong time provided.
- Prepare for the upcoming termination hearing by gathering evidence and witnesses.
- Consider seeking legal assistance, even if it's just for advice.
Would you like information on local legal aid organizations or more details about CPS procedures in Montana?
What do I turn in to court for that missed court date
For the missed court date, you should file a "Motion to Reschedule" or a "Motion to Set Aside Default Judgment." Here's what you generally need:
- Explanation of why you missed the court date (wrong time given).
- Any proof of the incorrect time (like written communication).
- Request for a new hearing date.
Would you like information on local legal aid organizations to assist you?
No I’m doing this pro se
Understood. Here are the steps to file a "Motion to Set Aside Default Judgment" in Montana:
- Draft the motion, explaining the reason you missed the court date.
- Attach any evidence of the incorrect time.
- Include a request for a new hearing date.
- File the motion with the court that handled your case.
Would you like more details on CPS procedures in Montana?
Yes
Here are some general steps to understand CPS procedures in Montana:
- Investigation: CPS will investigate any reports of child abuse or neglect.
- Case Plan: If issues are found, a case plan will be developed with you.
- Court Hearings: Regular court hearings will be held to review progress.
Would you like more detailed information on any specific procedure?
What do I turn in if they have not followed any policies and procedures
If you believe that CPS has not followed their policies and procedures, you can file a complaint or a motion with the court. Here's what you generally need:
- Complaint or Motion: Draft a formal complaint or motion detailing the specific policies and procedures that were not followed.
- Evidence: Attach any documentation or evidence supporting your claims.
- Request: Clearly state what you are requesting (e.g., review of the CPS actions, dismissal of certain findings, etc.).
Would you like more details on how to draft and file such a complaint or motion?
Yes
To draft and file a complaint or motion regarding CPS's failure to follow policies and procedures in Montana:
- Draft the Complaint or Motion: Detail specific policies/procedures not followed.
- Attach Evidence: Include any documentation supporting your claims.
- State the Request: Clearly outline what you want (e.g., review CPS actions).
Would you like a sample template or more information on filing the complaint/motion with the court?
Yes
To draft and file a complaint or motion regarding CPS's failure to follow policies and procedures in Montana, you can use the following sample template:
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~Sample Template for Complaint/Motion
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Case Number]
[Child's Name]
Complaint/Motion Regarding CPS's Failure to Follow Policies and Procedures
To the Honorable Judge [Judge's Name],
I, [Your Name], hereby file this complaint/motion against Child Protective Services (CPS) for their failure to follow established policies and procedures in handling my child's case.
Specific Policies/Procedures Not Followed:
- [Detail the first policy/procedure not followed and how it was not adhered to.]
- [Detail the second policy/procedure not followed and how it was not adhered to.]
- [Continue detailing other policies/procedures as necessary.]
Evidence:
- [List and attach any documentation or evidence supporting your claims, such as emails, letters, reports, etc.]
Request:
- I request that the court review the actions taken by CPS in this case.
- I request that the court dismiss any findings or actions that resulted from CPS's failure to follow proper procedures.
- [Include any other specific requests you have.]
Respectfully submitted,
[Your Signature]
[Your Printed Name]
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Would you like more detailed information on how to file this complaint/motion with the court?
Yes
To file your complaint/motion with the court in Montana:
- Prepare Copies: Make several copies of the complaint/motion and all attached evidence.
- File the Documents: Submit the original documents to the court clerk at the court that handled your case.
- Service: Serve a copy on CPS and any other involved parties, usually via certified mail or a process server.
- Hearing: The court may set a hearing date to review your complaint/motion.
Would you like more information on court locations or filing fees?
Yed
Sure! Here are the court locations and filing fees for Montana:
Toole County District Court
Phone: (*) *-*
Address: * 1st St S, Shelby, MT *
Website: www.toolecountymt.gov
Would you like more details on the filing fees or any other assistance with your case? How can I win a termination hearing and get my kids back adap
To prepare for your termination hearing and increase your chances of getting your kids back, consider these steps:
- Evidence: Gather all evidence showing your capability as a parent.
- Witnesses: Bring witnesses who can vouch for your parenting.
- Follow Case Plan: Show you've adhered to any CPS case plans.
- Legal Advice: Even though you're pro se, consider consulting a lawyer for advice.
Would you like more detailed information on preparing evidence or witnesses?
Yes
To prepare evidence and witnesses for your termination hearing:
- Evidence: Collect documents like medical records, school reports, and any proof of completed parenting courses.
- Witnesses: Gather testimonies from family members, friends, teachers, or healthcare providers.
- Documentation: Include any letters or reports that support your ability to provide a safe and stable environment for your child.
Would you like more information on specific types of evidence or how to prepare your witnesses?
Yes
To prepare specific types of evidence and witnesses:
- Evidence: Gather proof of stable housing, employment, and any positive evaluations from social workers.
- Witnesses: Prepare statements from counselors, teachers, or professionals who can attest to your stability and caregiving.
- Documentation: Ensure all documents are organized and presentable.
Would you like more details on how to organize your evidence and witness statements?
Can I sign over custody on my baby or guardianship even through they terminated my other son
You may be able to sign over custody or guardianship of your baby even if CPS terminated your other child's custody, but it depends on the specific circumstances and state laws.
To better assist you, could you clarify if you're looking to sign over custody to a specific person or if you're considering guardianship options?
A specific person
You can sign over custody or guardianship to a specific person. Here are the steps:
- Consult the Person: Ensure they're willing to take custody.
- Legal Agreement: Draft a legal agreement for custody or guardianship.
- Court Approval: File the agreement with the court for approval.
- CPS Involvement: Inform CPS of your intentions and get their input.
Would you like details on drafting this agreement or filing it with the court?
And I’d like guardianship info. The baby wasn’t adjudicated
To establish guardianship for your baby, here are the steps to follow:
- Petition for Guardianship: File a petition with the court requesting guardianship.
- Notice: Notify CPS and any other interested parties.
- Hearing: Attend a court hearing where you can present your case.
- Home Study: Be prepared for a possible home study or investigation.
Would you like more details on how to file the petition or prepare for the hearing?
Yes
To file a petition for guardianship and prepare for the hearing:
- Draft the Petition: Include details about the child and the proposed guardian.
- File with Court: Submit the petition to the court clerk.
- Notify Parties: Inform CPS and other relevant parties.
- Prepare for Hearing: Gather evidence and witnesses supporting the guardianship.
Would you like a sample petition template or more details on preparing for the hearing?
Yes
~Sample Petition for Guardianship Template~
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: Petition for Guardianship of [Child's Name]
To the Honorable Judge [Judge's Name],
I, [Your Name], hereby file this petition for guardianship of [Child's Name].
Details of Proposed Guardian:
- [Full Name of Proposed Guardian]
- [Relationship to Child]
- [Contact Information]
Reasons for Guardianship:
- [Explain why guardianship is in the best interest of the child.]
Evidence:
- [Attach any relevant documentation, such as letters of support, medical records, etc.]
Request:
- I request that the court grant guardianship of [Child's Name] to [Proposed Guardian's Name].
Respectfully submitted,
[Your Signature]
[Your Printed Name]
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Would you like more details on how to prepare for the hearing or notify the relevant parties?
Yes
To prepare for the hearing and notify relevant parties:
- Prepare for Hearing:
- Organize evidence and witness statements.
- Ensure the proposed guardian is ready to testify.
- Notify Parties:
- Serve CPS and any other relevant parties with copies of the petition and hearing notice.
Would you like more details on the evidence and witness preparation process?
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