San Jose, CA asked in Child Custody, Juvenile Law and Family Law for California

Q: What should I do when the sheriff / cps comes by

My wife has an issue with a school and plans to abruptly withdrawal our kid. I dont agree but that's a whole different issue. I talked to the principal to figure our ways to help my wife feel better about the school. Also asked what will I expect to happen in the time after. She explained she would inform the sheriff after days of the withdrawal cuz she will more then likly not be in a school yet, shes in kindergarten. At the moment my wife refuses to let her go back there and is supposedly starting paperwork for a new school. If when the sheriff comes by I assume cps will be in tow. Should I meet em outside with the door shut n talk to them? What should i do? I'm against my kid being outta school no argument there. But if had issues with cps in the past with my other kids so i learned what not to do to a point but just incase like if they ask to see my kid or come in side?

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

A: In California, when interacting with CPS and law enforcement, you maintain the right to remain silent and the right to legal representation. You are not required to let them into your home without a warrant. However, working cooperatively, while protecting your rights, could potentially foster a more favorable outcome; thus, calmly and politely communicating with them, perhaps by stepping outside to talk while keeping your door closed, could be a good approach, and ensuring your child is safe and that you are complying with education laws will be crucial. Make sure to consult with an attorney to discuss the specifics of your situation and to get legal advice tailored to your circumstances.

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