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.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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.

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.