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State of Florida, Department of Children and Families vs. Lynn Moscoso (state loses)
D.H. v IL DHS and Il HFS (“settled to the satisfaction of the parties.”)
As Lynn said so very well above, I, too, sincerely believe that posts like Lynn’s – and those which I am sure will soon follow in greater and greater numbers – will serve to inspire and reinvigorate so many others who are waging what can SEEM to be, in weaker, darker, emotionally raw moments, a battle which one can not possibly win,…BUT WHICH ABSOLUTELY, UNQUESTIONABLY CAN BE WON. All these useless, wasteful,…in my opinion, malevolent,.. governmental entities, and their figureheads, who want to paint themselves as heroes, of all things, while they try to systematically destroy Florida’s families, and facilitate the traumatization and emotional/psychological/spiritual..even physical, abuse of our children, can not be intended to prevail. I refuse to believe that. And I have seen them beaten down, many times, myself. They are far from omnipotent; they just want to beat those who have been forced momentarily into their petty little sphere of power and influence into believing that they can not be beaten. That is why they will do anything to shield those occasions on which they were defeated from public view. I promise you they are not impervious to attack. I have done it once. I know many others who have done the same. And I am in the process of trying with every resource upon which I can draw to beat them again…and this time I want to mortally wound this system…dismantle it if I have my way. I might be aiming high; this probably sounds grandiose; and, I will admit, this time I can not deny that I am fueled by anger and bitterness, but I am beyond caring what drives me at this point. I have seen TOO MUCH. WAY TOO MUCH. This system is not just broken; it is not just overburdened…it is controlled by callous, uncaring, unfeeling, petty, stupid…evil…a word I do not throw around lightly…people who love wearing the cloak of righteousness while they go about professing to be involved in the act of “PROTECTING FLORIDA’S CHILREN”.
I have not seen many children protected by DCF and BSO’s CPI Team, but I sure have seen a lot hurt by them. Including my two incredible beautiful daughters…my gifts from God from whom I have once again, for the hundredth time now…been illegally sequestered and isolated…and they from me. And they are hurting so badly. It literally is killing me to see this happening AGAIN.
READ MY POST…PLEASE…AND YOU TELL ME IF HISTORY IS NOT BEING REPEATED…BECAUSE THOSE WHO ARE CLEARLY TOO FOOLISH TO LEARN FROM WHAT IT MIGHT HAVE TAUGHT US ARE DOOMED TO REPEAT THEIR MISTAKES…..
GOD BLESS ALL OF YOU AND MY VERY, VERY BEST WISHES.
DAVE DOHNER, ESQ.
*YOU CAN SEE DCF’S FINEST DIRECTLY CHASTISED BY FIRST THE TRIAL COURT AND THEN, WHEN DCF, NATURALLY, HAD THE HUBRIS AND AUDACITY TO APPEAL, THE 4TH DCA THREW A FEW PUNCHES THEIR WAY AS WELL….( SIMPLY GOOGLE DEPARTMENT OF CHILDREN AND FAMILIES V. D.B.D. THE FATHER, OR GO TO THE FOURTH DISTRICT COURT OF APPEAL’S WEB SITE AND CITE-SEARCH 4D09-4862*
YOU CAN ALL DO IT. DO NOT LET THEM WIN THE BATTLE OF ATTRITION THEY TRY TO FIGHT BECAUSE WE, THROUGH OUR LEGISLATURE, HAVE BEEN STUPID ENOUGH TO PROVIDE THEM WITH RESOURCES.
THAT IS THE FIRST BLOW TO BE STRUCK…TRUST ME…
GOOD LUCK TO YOU ALL, AND, LYNN….THANK YOU FOR EVERYTHING AND FOR TAKING THE TIME FOR ME WHICH I DESPERATELY NEEDED. GOD BLESS YOU AND YOUR BOUNDLESS ENERGY – ALL THE BEST, DAVE.
I LIVE IN VOLUSIA COUNTY,FL. AND HAVE BEEN GOING THROUGH THE SAME HELL. I DID NOT READ YOUR FIRST STORY, BUT CAN IMAGINE. I TOOK MY CASE TO COURT AND WON, HOWEVER THEY ONLY GAVE ME BACK MY DAUGHTER AND NOT MY 6 YR OLD SON. THE PAIN IS EXCRUCIATING EVERY DAY HE IS NOT WITH ME, SO I CAN EMPATHIZE WITH YOU. WE HAVE TO HAVE FAITH THAT GOD ALWAYS WILL BE ON OUR SIDE. IN THE MEANTIME I’D LIKE TO NAIL THOSE BAS@#! TO THE WALL. IF I CAN HELP, OR IF YOU CAN HELP ME DON’T HESITATE TO CONTACT ME. SANDY WEST 3864517665
You must believe with all your might that we have not been brought together by accident. Slowly, but surely, we will be together in this time, or in another, in this Earth, or in heaven, stand together and observe harsh judgment. But it might be here, in our times. Such a waste of glorious humanity lost in the evildoing of a few, but so powerful, because we, the suffering, are often silenced by the devil of doubt, by evil-doers’ threats.
Let us not forget that Jesus, whether a man or the son of God, sat in quiet contemplation (many times) right before he took some kind of history-changing action. So we should often be in quiet contemplation, but we must act. We have something they don’t have. We have the will of something more powerful then their words. Our spirits are so powerful they will endlessly haunt the evildoers up to, and after, their entry to hell.
As for your 6-year old son. I hurt for you because your son is my son too. This moment in life you are painfully enduring is shared by me, Dave, by others who pray for you and don’t know you. When I think of parents like you, I hug my child and call upon our Father and ask him, “Why, Why?” and I am reminded that this is not His doing. But the strength he is giving you (for a higher purpose) and the strength he gives me to read painful family accounts and continue to reach out, pushes me every day to continue to do what I am doing, quietly — preparing myself and others for the right time and right place, where we will do the work that will bring the Goliath of evil down to nothing. Revenge should not live in our hearts. Instead, it should be a dormant feeling that arises given the “go” flag. Until then, dear Sandy, we ALL know (they and us) that if you were returned your God-given child there is no sense in keeping your second God-given child away from you. But take some comfort in preparing yourself, as Jesus did, in quiet contemplation, educationally, financially, spiritually, wherever you might need some improvement, and when the Archangel comes calling for His Army, we will be ready. I will see you then, or sooner. God bless you and your children. This is always about the children. – LMo.
Ms. West: As is typical of Lynn, she makes a very clear and important point in her reply to your post – the trial Court, in which your case is being heard, appears to have (as is, in like regard, typical of Florida’s trial Courts) strayed far from any logic-based reasoning in arriving at its ruling in your case. I, like Lynn, find it extremely difficult to conceive of any coherent ruling that would simultaneously restore any rights previously limited or denied to you by the trial court with respect to one of your children yet continue to deny or limit those same inherent, obvious, natural and Constitutionally guaranteed rights with respect to your other child. It is unfortunate, equally illogical, and, frankly, absolutely incredible, that as an attorney licensed by the State of Florida, I am constrained with respect to what I CAN SAY OR WRITE – BOTH PUBLICLY AND PRIVATELY – WITH RESPECT TO THE JUDICIARY! I urge you and anyone reading this reply to consider that carefully and question why that constaint upon free speech has been imposed upon members of the Bar, who must speak and write “within the lines” if they wish to maintain the very licensure which makes it possible for them to assist individuals who might otherwise have no voice in our courtrooms. I sincerely doubt that most of Florida’s population is aware of this limitation on the right to free speech, and is obviously exactly what it sound like it is – nothing more than self-serving censorship codified by the individuals who fear that their lack of true legal scholarship; their public relations guided decision making; their many biases and prejudices; and, ultimately, their absurd rulings and the terrible consequences they trigger; will be made visible to those whose votes they need in order to retain their prestigious positions for another term. Florida has many talented, intelligent, fair, and just elected officials wearing robes; unfortunately, in my opinion, we just have many, many more who are not any of those things. I am sorry that I have not been active in the past month and only saw your post this morning for the first time. I have unfortunately been experiencing some difficulties with a congenital cardiac condition that my own custody battle has worsened dramatically with each passing year, since it began. However, I am always willing to talk to anyone whose God given right to parent the children they love is being denied to them, and have been and always will be willing to do whatever I can to help. I can be contacted directly at my personal e-mail address: firstname.lastname@example.org, and welcome you to contact me directly, or through this site, where perhaps an answer to your question will benefit many others. The choice is absolutely yours, and anything personal and confidential which you do not wish to share should be directed to me individually, of course. To you, Lynn, and everyone else, I am happy to be back and feeling like my old self (emphasis on old) and apologize for my seeming absence. God Bless You and my best personal wishes and regards. Sincerely, David B. Dohner, Esq. (“Dave”, please).
David, you are my hero.
And, I know that our Father is going to keep you up so that you can continue to help so many people that are down. It’s your time devoted to sharing your knowledge that keeps hope alive in the hearts of many. Also, for people to see at least ONE courageous David, stepping out from the dark world of the legal system, to explain some things in words that most will understand, can start a ripple effect we might not necessarily see very clearly. People must stop feeling ashamed or threatened by speaking the truth. Like you, however, I know it is difficult to balance that with worldly expectations.
So in the meantime, what if I shared with you that there are at least 3 single mothers that I know of, that are attending college to prepare for the fight later in this life? And that perhaps, your courageous responses have somehow influenced their life-changing decision to take on such a lengthy project for a greater good.
Just contemplate on that.
From within my aching little heart, I pray for you to remain my brother for a long, long, time. 🙂 We are not so alone, we just haven’t found everyone yet.
God bless you, I’m praying for you and your heart. I know what heart “ache” feels like. And like you, it all started with these jokesters.
I live in broward county. Ive been going through it with childnet and the dependency court system for 9 months now. Theyre trying to change my goal of reunification to a goal of reunification that runs concurrent with adoption. the foster parents and guardian ad litem have been telling me that my efforts are going to be useless and that childnets minds are made up about not giving my child back. the child advocate says if i keep complying that theyll give me an extension on my goal. is this true? once the one year mark is up, will they really terminate my rights?
The year mark is mainly about them failing to place the child more than it is about them just handing the child back to you. Nine months long to me tells me they have a weak case and are just waiting to see what you will screw up to snatch the babe away. Never trust the GAL. ChildNet workers are inept, but you can obtain plenty of positive reports from them if your attorney demands them. I hope your attorney is making it clear that the GALs attempt to concurrently fulfill an adoption request while you are still in dependency court is a conflict of interest. THe GAL is supposed to work towards what is in the child’s “best interest”, yet is also working with the foster parents towards adoption. GAL is super corrupt. If the advocate that is giving you some hope is with ChildNet I would say work with your attorney in demanding positive reports about you complying with all requests. How about visits? Are you seeing your child? At ChildNet or Kids? Those reports are super important too. By now I hope you have read and found that a lot of the reports on you that are filed AFTER your first hearing are hearsay and based on original reports about you. So a lot of repetitive filing. You should do the same I would think. Also, the judge is the one that will decided whether or not your child stays with you. What language is the state attorney prosecuting you using? Things like “maybe” a risk”. Or like “most likely”. Your attorney should be objecting to any language that makes your matter seem conclusive when there is no evidence. At the ninth month their bank accounts all got fatter and they are thinking they are breaking you down. Did you already sign a case plan? I never did so I knew at the end it was “WHERE IS THE EVIDENCE”. If you signed the case plan and you are meeting it and they are still threatening you, they may just be sorry you signed the case plan as it is and now they found buyers for your children, so time to see if they can changes things up on you one more time. Hang on. Don’t give up. The longer the case (I’ve been told), the less they have on you. They need to find something wrong to explain to their higher demonic powers why they spent so much money in this case. The state attorneys sign off on removals, TPRs, etc. and THEN they finally begin to investigate the case. It works better for them in that way because the agencies, legal aid, etc. all make their money. However, you have a foster parent interest in there so the conflict of interest with the GAL to me seems the most interesting. She can’t be unbiased as to your child’s best interest.
Clear and Convincing Evidence
The judge acts as the trier of fact and must make its findings by “clear and convincing evidence.” §
Clear and Convincing Evidence is an intermediate standard which requires that the
evidence be credible, clear, and lacking in confusion such that the trier of fact is convinced
of the matter’s truthfulness without hesitancy.
Clear and convincing is – “probable” “likely” “most likely” “will”.
Clear and convincing is not – “may” ”might” “could” “possible” “ideal”.
Please help or offer resources. My family has suffered and been torn apart. LAWS HAVE BEEN BROKEN. WE HAVE A HUGE CASE PLEASE Please PLEASE HELP!! WE NEED A LAWYER AND CANT AFFORD ONE!! ITS AN OPEN DEPENDENCY CASE IN BROWARD COUNTY. CHILDNET IS INVOLVED. EMAIL ME PLEASE IF YOU CAN OFFER ANY ASSISTANCE at : email@example.com
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