Asked in Family Law and Child Custody for California

Q: Do I fire my court appointed attny in cps case? Kids are still in foster care after 4 mos. And no court yet. I'm innocen

My 2 teens school lies to me about kids behavior, and whereabouts and attendance. They tell my kids im psycho. The School Calls my mom instead of me when my daughter gets caught drunk at school then locks me out of office with my daughter and parents inside. They Fail to tell me about death threats on my kids. I have video of my daughter smoking pot in class. Male teacher wants to pick daughter after school and meets her after school. And SOOO MUCH MORE. Bottom line school responsible for teaching my kids to manipulate, lie and cheat to get around my authority. Now they are in foster care because they said I abused them so they could leave without getting in trouble. My kids wrote a letter to the judge apologizing for lying and want to come home. I want them home but I will not do what cps requires because they have failed to prove jurisdiction. My "attorney" strongly suggests against me having a jurisdiction hearing. What do I do? I'm a good mom and I'm innocent.

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

A: In your situation, it's crucial to carefully consider the advice of your court-appointed attorney. They are there to guide you through the legal process, especially in complex child welfare cases. However, if you feel that your attorney is not adequately representing your interests or you have lost confidence in their ability to handle your case, you have the right to request a change of counsel. This is done by filing a motion with the court, explaining your reasons for the request.

It's important to understand that refusing to comply with CPS requirements can have serious consequences for your case. While you might disagree with the jurisdiction or the actions of CPS, working within the system is often necessary to achieve reunification with your children. A jurisdiction hearing can be a critical part of this process, as it allows the court to determine whether CPS has a valid basis for involvement.

Given the complexity and seriousness of your case, you might also consider seeking a second opinion from another attorney experienced in child welfare law. They can provide a fresh perspective on your case and advise you on the best course of action. Remember, the goal is to work towards the best outcome for you and your children, and sometimes this involves navigating challenging legal processes.

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