Columbus, NC asked in Family Law, Appeals / Appellate Law and Child Custody for North Carolina

Q: At my adjucation hearing 1st time on, CPS filed for non-secure custody on half truths and lies that I can prove...

Says CPS worker saw me alone with my 2.5yr old. Failed to say where or who saw me. It was the supervisor and we were walking at home on the drive. My mother and 7mth old not far behind but around the bend you couldn't see. She willfully failed to discharge her duties to make sure I wasn't alone but waits 5 days in court to say it's an emergency! The screening we told our worker we wouldn't take anymore test if we couldn't get our results when we do. And I have that conversation recorded. They never asked about screening the children. We just wanted copies because we don't trust the results we been given. Where do I go to now, how do I go about filling against them?

1 Lawyer Answer
John Michael Frick
John Michael Frick

A: You should have presented that evidence in your adjudication hearing for the court’s consideration. If you did not, you may have missed the opportunity to do so.

If you did present that evidence during the hearing, you can appeal the court decision.

As for “filing” against them, government employees have official immunity for acts or omissions in the course of their work duties for the government. So a lawsuit is highly unlikely to succeed. You can possibly file a complaint with CPS that could result in employee discipline.

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