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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

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.