Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Monday, July 5, 2010
Sunday, July 4, 2010
How to File a Lawsuit-The Complaint
By: Abuse Freedom united Topic: How to file a complaint!
June 23 2010
We are not lawyers nor have we received any significant assistance from any lawyers beyond our appeal to the Tenth District, which we won. The information presented here is based upon our experiences in federal court defending and prosecuting claims of trademark infringement and copyright infringement. It is presented to prepare you for what lies ahead should you end up in court. This outline is for those sellers who are thinking about representing themselves, pro se, in a court action. A business cannot represent themselves in federal court but individuals and unincorporated business can. The court rules and the federal rules are written by lawyers for lawyers. We try to put them into plain English here. These pages are not a complete analysis of everything that can happen. These are intended a guide and starting point. Always consult competent legal help.
Last updated March 22, 2009
The Complaint
Before you begin working on your complaint, there are certain things you want to do in the way of setting up your computer, files to get, and forms you'll need..
After the header, you begin with a simple statement of what this filing is all about. Nothing fancy but it should reference the federal rule or law under which you are basing the complaint. We will be using our complaint against Sevenarts and Chalk & vermillion Fine Arts as our working example. Click here for the complaint as HTML. We also have it as a word document, click here.
The complaint is the initial pleading in a lawsuit, and is filed by the plaintiff. The date of filing of the complaint is what counts for statute of limitation purposes in federal question suits. It also starts the clock on service.
FRCP 8(a) - A lawsuit, or complaint, has three basic parts that you must include:
a. Jurisdiction: A short and plain statement of the grounds upon which the court's jurisdiction depends;
b. Statement of the claim: A short and plain statement of the claim showing that you are entitled to relief; and;
c. Relief: A demand for judgment, or prayer, for the relief (e.g., money damages, injunction, etc.) Calling it a prayer and continuing to call it a prayer is a good example of why the law is so hard for people to understand. It is nothing more than a statement of what you want from the court.
When you prepare a lawsuit, one of the first things you put in the complaint is a short paragraph citing specifically how the court has jurisdiction to hear the case. If you cannot establish jurisdiction then there is no lawsuit in that court.
In your complaint it is good to follow next with a historical background of events and parties. Keep it simple and direct. Stick to basic facts and don't elaborate. Follow the lead of Sergeant Friday on Dragnet, "Just the facts".
Next you outline the acts by the defendants that specifically caused you to file the complaint. You must make "short and plain statements" of the claim showing that you are entitled to relief. You need to state only the facts, not the legal theory upon which you are relying. Don't stretch the truth. Leave the lying to the corporate lawyers. Back your statements up with documentation if you have it. While this isn't required, we have found that when the opposing party does answer they forget to specifically dispute the evidence that accompanies the complaint.
Note: Certain "special matters" must be pleaded with particularity if they are to be raised at trial (see F.R.C.P. 9). If you are going to be pleading "special matters" get an attorney. Do no try it yourself.
The last thing you include is a step-by-step section for causes of action. Here you should follow a similar format as the example. One paragraph for each federal and/or state law you feel the other party violated. Again, there are plenty of examples available on the internet. Search for them using AltaVista, study their format, and pick one to use.
You must also consider if you are going to seek damages. Damages vary from state to state. It is unlikely you will get much in federal damages representing yourself. Few litigants do get damages even with a lawyer except for copyright infringements if you are the owner of the copyright.
In your conclusion, you make your "prayer" for relief and/or damages. The court does not assume what relief you want. You MUST state to the court what you want or you will not get it.
Your must serve every filing upon your opponent or his/her lawyer. If there is more than one defendant, all must be served unless they share attornerys.
Go file your complaint. Take with you two copies for the court, one for yourself, and one for each defendant. The court will time stamp each copy as received. File your copy in a binder and maile the other copies to your opponents. When you filed, your case was assigned to a judge and given a case number. The case number will be used on all future filings. Go on-line and look up the judge's rules. If the judge has rules, download them onto your computer and learn which may apply to you.
Now you sit back and wait. They may call you to settle before the issue goes any further. They may not. If the case isn't settled, you wiill either get an answer to your complaint, a F.R.C.P. (12)(b) motion, or you will be filing for a default judgment.
Steps For Filing The Complaint
Setting Up Your Computer
Locate the Federal District Court nearest where you live
Sign Up For PACER.
Get civil cover sheet from court.
Establish Jurisdiction
Outline Historical Background of events and parties.
Establish and List Causes of Action
Consider Damages allowed by law.
Conclusion
File with court clerk
Service
June 23 2010
We are not lawyers nor have we received any significant assistance from any lawyers beyond our appeal to the Tenth District, which we won. The information presented here is based upon our experiences in federal court defending and prosecuting claims of trademark infringement and copyright infringement. It is presented to prepare you for what lies ahead should you end up in court. This outline is for those sellers who are thinking about representing themselves, pro se, in a court action. A business cannot represent themselves in federal court but individuals and unincorporated business can. The court rules and the federal rules are written by lawyers for lawyers. We try to put them into plain English here. These pages are not a complete analysis of everything that can happen. These are intended a guide and starting point. Always consult competent legal help.
Last updated March 22, 2009
The Complaint
Before you begin working on your complaint, there are certain things you want to do in the way of setting up your computer, files to get, and forms you'll need..
After the header, you begin with a simple statement of what this filing is all about. Nothing fancy but it should reference the federal rule or law under which you are basing the complaint. We will be using our complaint against Sevenarts and Chalk & vermillion Fine Arts as our working example. Click here for the complaint as HTML. We also have it as a word document, click here.
The complaint is the initial pleading in a lawsuit, and is filed by the plaintiff. The date of filing of the complaint is what counts for statute of limitation purposes in federal question suits. It also starts the clock on service.
FRCP 8(a) - A lawsuit, or complaint, has three basic parts that you must include:
a. Jurisdiction: A short and plain statement of the grounds upon which the court's jurisdiction depends;
b. Statement of the claim: A short and plain statement of the claim showing that you are entitled to relief; and;
c. Relief: A demand for judgment, or prayer, for the relief (e.g., money damages, injunction, etc.) Calling it a prayer and continuing to call it a prayer is a good example of why the law is so hard for people to understand. It is nothing more than a statement of what you want from the court.
When you prepare a lawsuit, one of the first things you put in the complaint is a short paragraph citing specifically how the court has jurisdiction to hear the case. If you cannot establish jurisdiction then there is no lawsuit in that court.
In your complaint it is good to follow next with a historical background of events and parties. Keep it simple and direct. Stick to basic facts and don't elaborate. Follow the lead of Sergeant Friday on Dragnet, "Just the facts".
Next you outline the acts by the defendants that specifically caused you to file the complaint. You must make "short and plain statements" of the claim showing that you are entitled to relief. You need to state only the facts, not the legal theory upon which you are relying. Don't stretch the truth. Leave the lying to the corporate lawyers. Back your statements up with documentation if you have it. While this isn't required, we have found that when the opposing party does answer they forget to specifically dispute the evidence that accompanies the complaint.
Note: Certain "special matters" must be pleaded with particularity if they are to be raised at trial (see F.R.C.P. 9). If you are going to be pleading "special matters" get an attorney. Do no try it yourself.
The last thing you include is a step-by-step section for causes of action. Here you should follow a similar format as the example. One paragraph for each federal and/or state law you feel the other party violated. Again, there are plenty of examples available on the internet. Search for them using AltaVista, study their format, and pick one to use.
You must also consider if you are going to seek damages. Damages vary from state to state. It is unlikely you will get much in federal damages representing yourself. Few litigants do get damages even with a lawyer except for copyright infringements if you are the owner of the copyright.
In your conclusion, you make your "prayer" for relief and/or damages. The court does not assume what relief you want. You MUST state to the court what you want or you will not get it.
Your must serve every filing upon your opponent or his/her lawyer. If there is more than one defendant, all must be served unless they share attornerys.
Go file your complaint. Take with you two copies for the court, one for yourself, and one for each defendant. The court will time stamp each copy as received. File your copy in a binder and maile the other copies to your opponents. When you filed, your case was assigned to a judge and given a case number. The case number will be used on all future filings. Go on-line and look up the judge's rules. If the judge has rules, download them onto your computer and learn which may apply to you.
Now you sit back and wait. They may call you to settle before the issue goes any further. They may not. If the case isn't settled, you wiill either get an answer to your complaint, a F.R.C.P. (12)(b) motion, or you will be filing for a default judgment.
Steps For Filing The Complaint
Setting Up Your Computer
Locate the Federal District Court nearest where you live
Sign Up For PACER.
Get civil cover sheet from court.
Establish Jurisdiction
Outline Historical Background of events and parties.
Establish and List Causes of Action
Consider Damages allowed by law.
Conclusion
File with court clerk
Service
The washington DC family rights movement to reform
By: ABUSE FREEDOM UNITED Topic: The washington DC family rights movement to reform
June 25 2010
The Family Rights Movement has been around for years.
Families have taken a new turn in the United States and are now saying enough.
When a family finds their lives devastated by entities privately contracted through our government all to often they have no where to turn.
2010 proves to be a very interesting year for families here in the United States as they reach out to other families afflicted.
In the course of families being destroyed by these entities they are now joining together to tell political elected officials they want change.
Families will lobby and speak out on Capitol Hill July 23 - 25.
The goal is and should be to show how many in mass numbers are affected by the families these private entities that no longer work for you, us, and our families.
The hope of gathering is that our elected officials will take notice and start to work for We The People as it should be.
We want them to take notice that change is needed and strive towards reforming or eliminating those entities that harm family values, family, morals, and family unity.
We the ones working for this change ask you those affected to take a step forward with us and use your voices.
Show your numbers this year on Capitol Hill with the voice God gave you for preserving your Right to be a Parent.
Once we unite from all across America in a mass quantity that is drastically needed the government will have no other recourse than to acknowledge and change
where entities have done wrong.
Thank you for your time.
Respectfully,
All Who Have Worked To Bring We The People Family Preservation Fest to D.C
http://www.officialdcrallyfest.com
June 25 2010
The Family Rights Movement has been around for years.
Families have taken a new turn in the United States and are now saying enough.
When a family finds their lives devastated by entities privately contracted through our government all to often they have no where to turn.
2010 proves to be a very interesting year for families here in the United States as they reach out to other families afflicted.
In the course of families being destroyed by these entities they are now joining together to tell political elected officials they want change.
Families will lobby and speak out on Capitol Hill July 23 - 25.
The goal is and should be to show how many in mass numbers are affected by the families these private entities that no longer work for you, us, and our families.
The hope of gathering is that our elected officials will take notice and start to work for We The People as it should be.
We want them to take notice that change is needed and strive towards reforming or eliminating those entities that harm family values, family, morals, and family unity.
We the ones working for this change ask you those affected to take a step forward with us and use your voices.
Show your numbers this year on Capitol Hill with the voice God gave you for preserving your Right to be a Parent.
Once we unite from all across America in a mass quantity that is drastically needed the government will have no other recourse than to acknowledge and change
where entities have done wrong.
Thank you for your time.
Respectfully,
All Who Have Worked To Bring We The People Family Preservation Fest to D.C
http://www.officialdcrallyfest.com
ACLJ Wins 9th Circuit Appeal in Massive Fraud Case Against Planned Parenthood Affiliates in California
ACLJ Wins 9th Circuit Appeal in Massive Fraud Case Against Planned Parenthood Affiliates in California
July 2, 2010
(Washington, DC) – The United States Court of Appeals for the Ninth Circuit has ruled in favor of the American Center for Law and Justice’s (ACLJ) client in a multi-million dollar fraud case against Planned Parenthood (PP) affiliates in California. ACLJ attorneys are representing a former employee of the PP affiliate in Los Angeles, who is now a federal whistleblower. A federal district court in California had dismissed the case, but the Ninth Circuit’s ruling, dated yesterday, reinstates the lawsuit.
“This is a tremendous victory,” said Jay Sekulow, Chief Counsel of the ACLJ. “While this case is by no means over, winning this appeal means we have gotten the federal claim over the threshold hurdles and can now get down to the heart of this case: the alleged fraud.”
The federal False Claims Act (FCA) forbids government contractors from submitting “false or fraudulent” claims for payment. The FCA also authorizes private individuals to bring suit against the offenders to recover the fraudulently obtained funds.
The allegation in this case is that PP affiliates in California illegally marked up the supposed cost of various birth control drugs when seeking government reimbursement, resulting in tens of millions of dollars of overbilling – at taxpayer expense. State audits in both California and Washington State have found PP affiliates guilty of overbilling.
When a former PP staffer sued the PP affiliates in federal court, charging the defendants with having fraudulently overbilled the state and federal governments in the amount of tens of millions of dollars, a prominent law firm began representing the PP defendants in the case at no cost to the defendants. The PP attorneys asked the federal district court to dismiss the case on technical jurisdictional grounds.
The federal district court accepted their arguments in part, and dismissed the case. ACLJ attorneys then entered the case to handle the appeal.
“The question on appeal was whether the former PP employee is a proper whistleblower under the False Claims Act,” said Sekulow. “We contended that the answer is ‘Yes,’ and now a three-judge panel of the Ninth Circuit has unanimously agreed with us.”
The ACLJ’s opening brief had dissected and refuted the arguments of PP’s attorneys point by point, explaining why the court of appeals should reverse the lower court’s judgment and reinstate the lawsuit. You can read the ACLJ opening brief here.
ACLJ attorneys subsequently filed a reply brief and two supplemental briefs addressing intervening developments in the law.
Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.
http://www.aclj.org/News/Read.aspx?ID=3811&email=dottedlady1@netzero.net&guid=7C338395-38F4-40C4-BF40-4AC8A5EF982F
July 2, 2010
(Washington, DC) – The United States Court of Appeals for the Ninth Circuit has ruled in favor of the American Center for Law and Justice’s (ACLJ) client in a multi-million dollar fraud case against Planned Parenthood (PP) affiliates in California. ACLJ attorneys are representing a former employee of the PP affiliate in Los Angeles, who is now a federal whistleblower. A federal district court in California had dismissed the case, but the Ninth Circuit’s ruling, dated yesterday, reinstates the lawsuit.
“This is a tremendous victory,” said Jay Sekulow, Chief Counsel of the ACLJ. “While this case is by no means over, winning this appeal means we have gotten the federal claim over the threshold hurdles and can now get down to the heart of this case: the alleged fraud.”
The federal False Claims Act (FCA) forbids government contractors from submitting “false or fraudulent” claims for payment. The FCA also authorizes private individuals to bring suit against the offenders to recover the fraudulently obtained funds.
The allegation in this case is that PP affiliates in California illegally marked up the supposed cost of various birth control drugs when seeking government reimbursement, resulting in tens of millions of dollars of overbilling – at taxpayer expense. State audits in both California and Washington State have found PP affiliates guilty of overbilling.
When a former PP staffer sued the PP affiliates in federal court, charging the defendants with having fraudulently overbilled the state and federal governments in the amount of tens of millions of dollars, a prominent law firm began representing the PP defendants in the case at no cost to the defendants. The PP attorneys asked the federal district court to dismiss the case on technical jurisdictional grounds.
The federal district court accepted their arguments in part, and dismissed the case. ACLJ attorneys then entered the case to handle the appeal.
“The question on appeal was whether the former PP employee is a proper whistleblower under the False Claims Act,” said Sekulow. “We contended that the answer is ‘Yes,’ and now a three-judge panel of the Ninth Circuit has unanimously agreed with us.”
The ACLJ’s opening brief had dissected and refuted the arguments of PP’s attorneys point by point, explaining why the court of appeals should reverse the lower court’s judgment and reinstate the lawsuit. You can read the ACLJ opening brief here.
ACLJ attorneys subsequently filed a reply brief and two supplemental briefs addressing intervening developments in the law.
Led by Chief Counsel Jay Sekulow, the American Center for Law and Justice focuses on constitutional law and is based in Washington, D.C.
http://www.aclj.org/News/Read.aspx?ID=3811&email=dottedlady1@netzero.net&guid=7C338395-38F4-40C4-BF40-4AC8A5EF982F
(Adoptive) Mother and child breakup?
Published: July 2, 2010
Updated: July 3, 2010 2:57 p.m.
Mother and child breakup?
By GREG HARDESTY
THE ORANGE COUNTY REGISTER
Stacey Doss of Rancho Santa Margarita gets a smooch from her adopted daughter Vanessa, 2. The single mom is enmeshed in an interstate custody battle after Vanessa's dad emerged and now wants his daughter back. Doss has launched an online "Operation Vanessa" campaign to win support for her side.
Ladera to kick off summer concerts with Top 40 hits
She's 2.
"Oh, Nessie," said her adoptive mother, Stacey Doss, cradling the girl against her chest. "It's all about you, isn't it?"
Doss then paused, remembering the legal quagmire she's been in since adopting Vanessa at birth from an Ohio mother.
"If all the adults can remember it's all about you," Doss told Vanessa, "we'll be in good shape – won't we?"
That was Doss on Thursday morning.
By Friday, just after noon, Doss wasn't in such good shape. She was facing the prospect of having her happy world with Vanessa blown apart.
•••
For most of the past two years, Doss, 45, a single mother in Rancho Santa Margarita, has been embroiled in a bitter interstate child-custody battle with Vanessa's biological father. It's a costly and stressful situation that Doss never envisioned when she adopted Vanessa through a private agency shortly after her birth on June 13, 2008.
For Doss, becoming a mother capped years of frustration. She and her ex-husband tried unsuccessfully to get pregnant. Numerous fertility treatments didn't work. The couple divorced 3 ½ years ago.
Then Doss, a public relations consultant, decided that being a single mother meant more to her than finding the perfect guy or buying the nicest outfit.
But even as she finalized the adoption papers in Ohio, a hint of trouble surfaced.
Benjamin Mills Jr., 39, of Dayton, Ohio, came forward, saying he was Vanessa's biological father. Mills also is the father of two other children with Vanessa's birth mother, and two other children.
Mills' claim surprised Doss. She had been told that the birth father wasn't in the picture, that Vanessa was, in fact, the product of a one-night stand. A DNA test later proved Mills' paternity, and the legal battle escalated.
Mills and Vanessa's birth mother have had a contentious relationship for years. According to court records, Mills in 2005 was convicted of domestic violence in an incident involving Vanessa's birth mother. He was sentenced to a year in prison. It was Mills' third domestic violence conviction.
And, according to the Dayton Daily News, children's services officials in Montgomery County, Ohio have an open case involving Mills' older children.
Mills' claims of paternity came early enough that Doss' adoption of Vanessa was never finalized. As a result, the child technically is in the custody of Montgomery County Social Services. The agency has allowed the girl to live with Doss in Orange County virtually all of Vanessa's life.
Last week, an Ohio judge ordered that Vanessa be returned to Montgomery County where she would be put in foster care until the custody case is settled. Doss filed an emergency appeal to block that order, but on Friday an Orange County judge granted jurisdiction of the case to Montgomery County.
Doss has until July 16 to convince an appeals court to reverse that ruling. If she can't, Vanessa will be sent to Ohio.
Financially and emotionally drained, Doss doesn't want to consider that prospect. She says removing Vanessa from her home, and from the only mother she has ever known, would "devastate" the child.
"She's my daughter," Doss says. "Whatever I need to do, I'll do."
•••
Vanessa wanted her lavender blanket.
Seconds later, she wanted to use her mother's bed as a trampoline.
Then she wanted to color on the balcony and play with Raymond, the family dog.
Doss calls Vanessa her "uber baby." Strong, coordinated and athletic, Vanessa was walking at 10 months.
"She never gets sick," Doss says. "When the nurse gave her a flu shot, she was looking at her like, 'Is that all you got for me?'"
Doss took Vanessa for a ride on her new scooter. Then the two searched for rabbits on the lawn outside their townhome. Vanessa screamed for cookies. Then Doss caved, and gave her some.
Everyday stuff.
•••
Doss recoils at the thought of Vanessa being sent to foster care and, possibly, into the custody of her biological dad.
Doss doesn't believe Mills genuinely wants to parent Vanessa; she believes he sees the child as "property." She notes that his other four children live with his mother and an ex-wife.
Doss also believes Mills also has made the custody battle a race issue. He is black. She is white. The birth mother is white. Doss said Mills told her he believes Vanessa should be raised in an African-American family.
Mills' attorney, Elizabeth Gorman of Legal Aid of Western Ohio, has declined to comment and said that Mills isn't speaking publicly about the case.
Among other issues, judges in Ohio and California have had to grapple with jurisdictional questions and whether the child-custody dispute falls under probate or family courts.
Since she's had trouble getting the adoption finalized, Doss tried to win permanent legal rights as Vanessa's mom by filing for guardianship – a strategy that failed.
All of the legal maneuvering has cost Doss dearly. She's in the process of hiring her seventh attorney between both states.
Doss has spared no expenses to keep Vanessa.
She cashed out her 401 (k)) and other retirement funds, as well as savings accounts. Twice, her townhome has slipped into foreclosure. Doss even sold her wedding ring.
Through a website she set up, Operation Vanessa, Doss has managed to raise about $10,000 from friends, family and strangers – all of whom believe Vanessa should not be separated from her mother.
•••
"Nincompoop! Nincompoop!"
Vanessa can say that big word, but has trouble with easier ones.
Doss laughs when she squeals the word out again.
Birthday cards for Vanessa fill a kitchen counter. Toys fill a box in the living room.
The thought of losing Vanessa literally has made Doss sick with stress-induced issues. She says her hair fell out several months ago.
With each court hearing, Doss says she has learned to avoid getting too down, or to let her expectations get too high. She's learned to take each day as they come – and cherish every second with Vanessa.
After Friday, she'll be cherishing her even more. The days may be limited.
"She's my daughter," Doss says. "I will never let her go."
Contact the writer: 714-704-3764 or ghardesty@ocregister.com
http://www.ocregister.com/news/doss-256217-vanessa-mills.html
Updated: July 3, 2010 2:57 p.m.
Mother and child breakup?
By GREG HARDESTY
THE ORANGE COUNTY REGISTER
Stacey Doss of Rancho Santa Margarita gets a smooch from her adopted daughter Vanessa, 2. The single mom is enmeshed in an interstate custody battle after Vanessa's dad emerged and now wants his daughter back. Doss has launched an online "Operation Vanessa" campaign to win support for her side.
Ladera to kick off summer concerts with Top 40 hits
She's 2.
"Oh, Nessie," said her adoptive mother, Stacey Doss, cradling the girl against her chest. "It's all about you, isn't it?"
Doss then paused, remembering the legal quagmire she's been in since adopting Vanessa at birth from an Ohio mother.
"If all the adults can remember it's all about you," Doss told Vanessa, "we'll be in good shape – won't we?"
That was Doss on Thursday morning.
By Friday, just after noon, Doss wasn't in such good shape. She was facing the prospect of having her happy world with Vanessa blown apart.
•••
For most of the past two years, Doss, 45, a single mother in Rancho Santa Margarita, has been embroiled in a bitter interstate child-custody battle with Vanessa's biological father. It's a costly and stressful situation that Doss never envisioned when she adopted Vanessa through a private agency shortly after her birth on June 13, 2008.
For Doss, becoming a mother capped years of frustration. She and her ex-husband tried unsuccessfully to get pregnant. Numerous fertility treatments didn't work. The couple divorced 3 ½ years ago.
Then Doss, a public relations consultant, decided that being a single mother meant more to her than finding the perfect guy or buying the nicest outfit.
But even as she finalized the adoption papers in Ohio, a hint of trouble surfaced.
Benjamin Mills Jr., 39, of Dayton, Ohio, came forward, saying he was Vanessa's biological father. Mills also is the father of two other children with Vanessa's birth mother, and two other children.
Mills' claim surprised Doss. She had been told that the birth father wasn't in the picture, that Vanessa was, in fact, the product of a one-night stand. A DNA test later proved Mills' paternity, and the legal battle escalated.
Mills and Vanessa's birth mother have had a contentious relationship for years. According to court records, Mills in 2005 was convicted of domestic violence in an incident involving Vanessa's birth mother. He was sentenced to a year in prison. It was Mills' third domestic violence conviction.
And, according to the Dayton Daily News, children's services officials in Montgomery County, Ohio have an open case involving Mills' older children.
Mills' claims of paternity came early enough that Doss' adoption of Vanessa was never finalized. As a result, the child technically is in the custody of Montgomery County Social Services. The agency has allowed the girl to live with Doss in Orange County virtually all of Vanessa's life.
Last week, an Ohio judge ordered that Vanessa be returned to Montgomery County where she would be put in foster care until the custody case is settled. Doss filed an emergency appeal to block that order, but on Friday an Orange County judge granted jurisdiction of the case to Montgomery County.
Doss has until July 16 to convince an appeals court to reverse that ruling. If she can't, Vanessa will be sent to Ohio.
Financially and emotionally drained, Doss doesn't want to consider that prospect. She says removing Vanessa from her home, and from the only mother she has ever known, would "devastate" the child.
"She's my daughter," Doss says. "Whatever I need to do, I'll do."
•••
Vanessa wanted her lavender blanket.
Seconds later, she wanted to use her mother's bed as a trampoline.
Then she wanted to color on the balcony and play with Raymond, the family dog.
Doss calls Vanessa her "uber baby." Strong, coordinated and athletic, Vanessa was walking at 10 months.
"She never gets sick," Doss says. "When the nurse gave her a flu shot, she was looking at her like, 'Is that all you got for me?'"
Doss took Vanessa for a ride on her new scooter. Then the two searched for rabbits on the lawn outside their townhome. Vanessa screamed for cookies. Then Doss caved, and gave her some.
Everyday stuff.
•••
Doss recoils at the thought of Vanessa being sent to foster care and, possibly, into the custody of her biological dad.
Doss doesn't believe Mills genuinely wants to parent Vanessa; she believes he sees the child as "property." She notes that his other four children live with his mother and an ex-wife.
Doss also believes Mills also has made the custody battle a race issue. He is black. She is white. The birth mother is white. Doss said Mills told her he believes Vanessa should be raised in an African-American family.
Mills' attorney, Elizabeth Gorman of Legal Aid of Western Ohio, has declined to comment and said that Mills isn't speaking publicly about the case.
Among other issues, judges in Ohio and California have had to grapple with jurisdictional questions and whether the child-custody dispute falls under probate or family courts.
Since she's had trouble getting the adoption finalized, Doss tried to win permanent legal rights as Vanessa's mom by filing for guardianship – a strategy that failed.
All of the legal maneuvering has cost Doss dearly. She's in the process of hiring her seventh attorney between both states.
Doss has spared no expenses to keep Vanessa.
She cashed out her 401 (k)) and other retirement funds, as well as savings accounts. Twice, her townhome has slipped into foreclosure. Doss even sold her wedding ring.
Through a website she set up, Operation Vanessa, Doss has managed to raise about $10,000 from friends, family and strangers – all of whom believe Vanessa should not be separated from her mother.
•••
"Nincompoop! Nincompoop!"
Vanessa can say that big word, but has trouble with easier ones.
Doss laughs when she squeals the word out again.
Birthday cards for Vanessa fill a kitchen counter. Toys fill a box in the living room.
The thought of losing Vanessa literally has made Doss sick with stress-induced issues. She says her hair fell out several months ago.
With each court hearing, Doss says she has learned to avoid getting too down, or to let her expectations get too high. She's learned to take each day as they come – and cherish every second with Vanessa.
After Friday, she'll be cherishing her even more. The days may be limited.
"She's my daughter," Doss says. "I will never let her go."
Contact the writer: 714-704-3764 or ghardesty@ocregister.com
http://www.ocregister.com/news/doss-256217-vanessa-mills.html
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