Q: CPS removed my son 12/9/2013, 2 days after his birth. I successfully closed my case and got him back 8/13/2015....
Then took him again 8/3/2017 and forced me into signing a voluntary temporary guardianship for my son to live with his paternal grandmother due to domestic problems and false allegations in a bitter divorce from his father. No drug test given, no criminal charges filed, and no proof to support their allegations whatsoever. I have not been allowed any visitation and was not notified of the guardianship hearing, nor was I offered any reunification services or INVESTIGATIVE / EMERGENCY REMOVAL REPORT BY CPS OR THE COURTS. I petitioned for visitation and was DENIED without reason even though my son's guardian was present and in favor of visits! What can I do now? I have documents supporting my active and loving relationship with my son prior to his removal, and CPS/COURTS refused to view them! I also have reports defending myself regarding the domestic issues in my divorce. Please help me get my son back... or at least some form of parenting time that consists of more than video chats!!
A: It is unclear whether you are still in Juvenile Dependency Court or the Guardianship Court. In Dependency Court you are awarded your own attorney, as you probably know, and you would need to ask them what to do next which will depend on what has already happened in the past. You probably already know this, so this is probably not much help.
However if you are in Guardianship Court you are not automatically given an attorney. If you believe you cannot afford an attorney, you can try the Self Help Center for help with the forms to file requesting more time with your child..
All 58 counties in California have some type of Self-Help Center. You have to call them to see if they can help you with guardianship. I cannot speak for them. The people at the Self-Help Center help you fill out family law forms for free. BE SURE TO TELL THEM THIS IS FOR GUARDIANSHIP and they may send you to the Self-Help in a different place. They can’t do everything in family law, but they will help you with all the basics. The downside is that they don’t have a lot of time to spend with you, and often there is a line to get in to see them. The upside is that it is free. So if you have more time than money, go to the Self-Help Center for divorce, custody, visitation, paternity and domestic violence paperwork. But if you want a more thorough in-depth help, it is recommended that you see a family law attorney.
What it comes down to is that when you want the judge to order something differently, you have to file the correct papers and get a new hearing date to have your request considered by the judge.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.