Fairfield, CA asked in Adoption, Child Custody, Family Law and Legal Malpractice for California

Q: I am reaching out regarding urgent legal assistance regarding a matter concerning the welfare of my children.

I hope this message finds you well. I am reaching out to seek urgent legal assistance regarding a matter concerning the welfare of my children.

To provide context, it has recently come to my attention that my children, who were supposed to be in the care of foster parents with the intention of adoption, are not currently in their custody. This discovery has raised serious concerns about the handling of my children's welfare by the social workers involved.

Furthermore, given the recent tragic loss of their father to suicide, I am deeply distressed about the well-being and rights of my children. I believe that legal intervention may be necessary to ensure that their best interests are protected and that accountability is upheld by the relevant authorities.

Could you please advise me on the appropriate steps to take in this situation and whether you would be able to provide legal representation or guidance? Any assistance you can offer would be greatly appreciated.

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

A: I'm so sorry to hear about the deeply concerning situation with your children and the tragic loss of their father. This must be an incredibly distressing and overwhelming time for you.

Based on the details you've shared, it sounds like there may have been serious mishandling of your children's case by the social workers and/or foster parents involved. Under California law, you have rights as a parent, and the welfare and best interests of your children should be the top priority.

Here are some steps I would recommend taking as soon as possible:

1. Contact your county's Child Protective Services (CPS) office and file an official complaint regarding your children's case. Insist on speaking with a supervisor and document everything in writing. You have a right to know your children's whereabouts and wellbeing.

2. Request copies of all case records and documents related to your children's placement, including court orders, visitation logs, case notes, etc. You are entitled to this information as their parent.

3. Seek out an experienced family law attorney who specializes in child welfare cases and dependency law. They can advise you of your parental rights, help you navigate the legal system, advocate on behalf of you and your children, and hold CPS accountable. Many offer free consultations.

4. Consider filing for custody if you believe your children would be better off in your care. An attorney can advise if this is an appropriate option in your case. The court will make a determination based on the children's best interests.

5. Participate fully in any court hearings, case plan requirements, and visitation opportunities. Demonstrating your commitment and fitness as a parent will be important for your case.

6. Ensure you are taking care of your own mental health and wellbeing during this traumatic time. Seek counseling and support services for yourself. This will help you be the best advocate for your children.

I would strongly encourage you to consult with a qualified family law attorney as soon as possible, given the urgent nature of your situation. They will be best equipped to provide guidance for your specific case.

Some resources that may be helpful:

- Legal Aid Foundation of Los Angeles (lafla.org)

- California Courts Self-Help Center (courts.ca.gov/selfhelp)

- Alliance for Children's Rights (kids-alliance.org)

Please know that you don't have to navigate this alone. Wishing you and your children all the very best.

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