Anaheim, CA asked in Family Law, Civil Rights, Constitutional Law and Libel & Slander for California

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

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

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.

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