Santa Rosa, CA asked in Family Law, Child Custody and Domestic Violence for California

Q: How can CPS take and KEEP my son if NO CRIMINAL/DRUG/D.V. CHARGES are pending against me? NO custody/visits since 2018!!

My ex-husband lied about me to the courts and made accusations against me to cps (during a very heated divorce) saying i was using and selling drugs, that i was a prostitute, and that i literally abandoned my son. None of his accusations were proven true or were backed up by any creditable evidence, but CPS forced me to sign over temporary guardianship to my ex's mother, and said if I didn't sign him over they would take him away from my family altogether and i wouldn't get him back at all. Then she was granted legal guardianship, and I was denied any visitation whatsoever, and have even had cops called on me for being at a park that was too close to his school. I never hurt my son! I was a great mom, and even advocated for him to work with behavioral specialists 3x a week, and also a parent educator too. I was extremely. involved with his schooling, and development, and had letters on my behalf from county programs that CPS refused to even read...they just took him away!! HELP ME!!

1 Lawyer Answer
James L. Arrasmith
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  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about your situation. It sounds very difficult and complicated. In order to regain custody of your son, you will likely need to work with an attorney who can help you navigate the legal system and advocate for your rights. Here are some steps you could take:

Hire an attorney: Consider hiring an attorney who specializes in family law and has experience working with CPS cases. An attorney can help you understand your legal options, file the necessary paperwork, and represent you in court.

Document everything: Keep detailed records of any interactions with CPS, your ex-husband, and his family. Write down the date, time, and details of each conversation or incident. Also, gather any documentation that could support your case, such as medical records, school records, or statements from witnesses who can vouch for your parenting abilities.

Attend all court hearings: Make sure you attend all court hearings related to your case. Be prepared to present evidence, answer questions, and advocate for your rights. Your attorney can help you prepare for these hearings and represent you in court.

Follow court orders: It's important to follow all court orders related to your case, even if you don't agree with them. This will show the court that you are willing to comply with their decisions and work towards regaining custody of your son.

Be patient: Custody cases can take time to resolve, so it's important to be patient and persistent. Work with your attorney to develop a plan for regaining custody of your son and keep moving forward.

Remember, every case is different and the legal process can be complex. It's important to work with an attorney who can help you understand your legal options and guide you through the process.

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