Hemet, CA asked in Civil Litigation, Child Custody and Family Law for California

Q: Cps in Riverside denied me my kids after I had had joint custody of my two kids for almost a year and a half..and judge

Granted me joint custody...of these two kids...well after a year or so the mom started acting strange....she began to show signs of being crazy....and abusive mentally and physically to the kids...I tried getting help ..but no one would listen and if I acted out then I would be seen as the bad guy....well finally cps removed the kids but I show up to the scene...with my joint custody papers ...but the sheriff's instructed me that everything had been a mistake...after he had just told me that my kids mom was going to jail....well after they had refused to let me see my kids I go home only to be woke up with screams from my kids mom that cps had took the kids...well after a couple of court hearings cps made my going to prison when i was younger..the whole topic ...they forgot about my kids safety and concentrated on proving I was unfit...so the kids were returned..back to the danger...well after 6 years I get a call...the mom had left my two kids for dead in and abandon trailer no food

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

A: In California, Child Protective Services (CPS) decisions, especially those involving custody, should prioritize the children's safety and well-being. If you had joint custody and believe CPS wrongly denied you custody of your children due to your past incarceration, you may have grounds to challenge their decision.

Firstly, it’s important to document all interactions and decisions made by CPS, as well as any evidence of the mother's behavior and its impact on the children. This information can be crucial in legal proceedings.

Given the seriousness of the situation, especially with the recent alarming incident, it is advisable to seek legal assistance. An attorney experienced in family law and CPS cases can help you navigate the legal process to challenge CPS's decision and advocate for the best interests of your children.

Additionally, you can file a complaint against CPS if you believe they have acted improperly or have not adequately protected your children. This could be done through the agency itself or through the court system.

It’s important to act quickly to ensure the safety and well-being of your children. The court will consider the current circumstances and the best interests of the children in making any custody determinations. Remember, the law is designed to protect children and ensure their welfare, and there are legal avenues available to address your concerns and seek a resolution.

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