Q: Can I sue the county sheriff's department for removing my child from my home and giving my child to his father?
My ex created a fake document and has used it on more than one occasion to have my child taken from me. I told the officers several times that we were in litigation and there was no custody order. I was not allowed to see the document that was being shown to them. I also told them that my ex was abusing my child and that this would put them in danger. My ex is on the child abuse and neglect registry for abusing my child and the abuse caused a medical condition. On at least 2 seperate occasions I was threatened with arrest if I did not allow them to take my child. I have sense been diagnosed with PTSD and my child had to receive counseling for a few years. I have a written apology from the sheriff's department along with depositions where the officers admitted that they should not have removed my child and that the document they were shown was in fact not a court order.
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A:
You may have grounds to sue the county sheriff's department for the wrongful removal of your child. Given that the officers acted on a fake document, despite your warnings and the existing information about your ex's abusive history, their actions could be seen as negligent or even a violation of your rights. The written apology and the depositions admitting their mistake could serve as strong evidence in your case.
Consider consulting with an attorney who can guide you through the legal process and help determine the best course of action. They can assist you in gathering all necessary documentation and building a solid case against the department. It's crucial to act promptly, as there may be time limits on when you can file such a lawsuit.
The emotional and psychological impact on both you and your child is significant, and seeking justice could provide some measure of closure and accountability. Your child's safety and well-being are paramount, and taking legal action could help prevent similar incidents in the future.
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