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Hey, everyone...I thought I'd take an informal poll here on what you have all seen and experienced thus far with the situation we are facing...
FS's birthmom and dad failed to appear at the hearing to set a trial date for TPR...the judge Terminated both of their rights in a "default" decision based on knowledge that they were both served in person, knew of the hearing and the expectations...and failed to respond. Birthmom has now "requested an attorney"(same one she always had, but, whatever!) and there will be a hearing on the "motion to vacate the default order" in this case. Dad has not made any effort thus far to do anything...he has until mid month to do the same if he decides to...
What I want to know is...what have you seen? How frequently does the judge go back on his decision to Terminate, when the parents have done *nothing* on their case plan at all to date, are both in jail...and, as he stated...didn't bother to show.(apparently, at least from the few caseworkers I have heard refer to it...this case has everyone on their ear because "this just doesn't happen in our legal system"(meaning the default decision...the judge does not typically do that...he will have parents brought over from the jail and give them chance after chance. ) So, how often do you see the ruling "vacated" , and what was the reasoning if it was? Did they need a good reason? How many of you have seen the judge uphold his original decision, and deny the motion to vacate?
Thanks for the input in advance...gives me something to chew on while we wait for the hearing!LOL! :woohoo: