San Francisco, CA asked in Child Custody, Child Support, Family Law and Public Benefits for California

Q: If the state oversteps a parent and issues a removal with no just cause what are the parents legal options

Need immediate attorney. Civil harassment and liability with unlawful search and seizure of jurisdictional minor denied access with no recourse from the current appellate court. What are the options in a family court

1 Lawyer Answer
James L. Arrasmith
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Answered

A: If the state has removed your child without just cause, you have several legal options to challenge this. First, you should file an immediate motion in family court to request the return of your child. This can include a request for an emergency hearing, where you can present evidence that the removal was unjustified and advocate for your parental rights.

You can also consider filing a writ of habeas corpus to challenge the unlawful detention of your child. This is a way to assert that your child's removal violated your constitutional rights and request immediate judicial intervention.

If the family court has denied you relief, you may appeal to a higher court. Additionally, you may have grounds for a civil rights claim if there was an unlawful search or seizure involved in the removal. You should gather all evidence and documentation related to the removal and seek legal counsel to guide you through these processes.

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