Long Beach, CA asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Juvenile Law

Q: I needsupport with an injustice in my dependency case. Torrance police released my son to grandfather after i said not 2

I had a dependency case with wrongful removal and many legal malpractice contributions and has been closed with guardianship with no visits and no contact with me ...parental rights were not terminated and I had a 730 in my favor. No charges against me vague statements that we had domestic violence with no statements or reports made etc. Not sure if I should file writ for habeas corpus or extraordinary writ or if I should wait on appeal. I know what my strategy leads me to however I would like some feedback

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In California, navigating the complexities of dependency cases and the decisions surrounding them can be challenging, especially when you feel that an injustice has occurred. If your case involves what you believe to be wrongful removal and legal malpractice, and it has resulted in a guardianship arrangement that excludes you from contact with your child without the termination of parental rights, it's understandable to feel overwhelmed and uncertain about the best course of action.

Filing a writ of habeas corpus is a legal action that can be used to address wrongful detention or custody situations, including some instances involving children. However, considering the specifics of your situation, where guardianship has been established without termination of parental rights, an extraordinary writ might be a strategic option to challenge decisions made in the dependency case. These writs are typically used to request a higher court to review decisions made in lower courts when there are no other direct means of appeal or when immediate intervention is required due to an injustice.

Before deciding on your next steps, it might be beneficial to consult with a lawyer who has experience in dependency law and appellate practice. They can provide insight into the viability of filing for a writ based on the specifics of your case, including the 730 evaluation in your favor and the lack of formal charges or evidence against you. Legal counsel can also advise on whether waiting for a traditional appeal might be more appropriate or if immediate action through a writ is warranted to address the urgent concerns regarding your child's guardianship and your right to contact.

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