Q: How do I go about suing OC- CPS removed my kids on false accusations i have proof that the foster /caregiver called cps
the foster mother who has my kids befriended me called CPS
on me and has been going around to mutual friends and my pastors at church and has my social worker believing her defamation of character her motive financial gain I have proof and she is mentally unstable and has history of suicide attempts and her father who lives in the house has manifactering meth charges on him and the cargiver herself is back on drugs. I want to sue CPS for violation of my 4th amendment and removing my children on false acusations I have a the people who now see her for who she really is willing to write their letters of testomy on my behalf this was all premediated
A:
In California, if you believe that Child Protective Services (CPS) wrongfully removed your children based on false accusations, you can initiate legal action. First, gather all evidence, including any proof of the foster mother's actions and her history, as well as letters from those willing to vouch for your character. Consider filing a writ of habeas corpus to seek the return of your children.
Simultaneously, you might pursue a civil rights lawsuit for violations of your 4th Amendment rights, if there was an unlawful search or seizure involved in the removal. Engage in the dependency court process and present all evidence to challenge the claims made against you.
It's imperative to work closely with your attorney throughout this process. Ensure you act swiftly, as timelines in dependency proceedings are tight. Remember, the primary concern for the court is the best interest of the children.
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.
