Q: What are my first steps?
I lost custody of my then 10-year-old daughter, due to a cps case opened by a letter she wrote saying that I beat her. The case was ruled unable to determine, shortly after Iwas served with child modification papers by her father. Even though I agreed that she could live with him, she was removed from my home I was not allowed to have any contact with her whatsoever. I pleaded with the judge who finally granted me every other weekend with her. My daughter turns twelve in one week, and she just revealed to me that her father forced her to write the note that started the cps case. He told her that she had to write it because he had already hired a Lawyer and if she didn't do it, he would go to jail for lying. I know she is being honest, she told me he told her how to act afraid when questioned what to write down & threatens to place her in an asylum if she says anything. This CPS claim has made life for me & my other children difficult. What do I do, is this even against the law?
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A:
You have a lot going on. At this point you should hire an attorney if you wish to go any further with the case, or if you want to get custody. Most lawyers will tell you, that there are no guarantees in court. Y"ou can always file with the court to change the custody order or other details regarding visitation. However, you will need to show a "change in circumstances." If you can prove that, then you have to show that the change in the Order of custody would be in the BEST INTEREST of the child.
You will need a good lawyer to get your case in front of the judge. Your lawyer will need to interview your daughter and probably suggest that you get a family/child psychologist to evaluate your claims and support your claims that you are better suited to have custody of your daughter.
Good luck. I hope this helps.
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