Q: Cps used a judges denied pick up order tore the first page off and stole my kid?
They asked me to do a welfare check and bring my son in. He’s an infant I sat at the table. She said, my son won’t be leaving with me. Today had papers in her hand before handing them to me she tore off the first page what she gave me was a hearing notice and what I presume is the need for shelter care hearing him now that I think about it, then they proceeded to tell me the incorrect timing of court, which was after the 72 hours and that’s making it so I couldn’t defend myself. The father is domestically, violent and using abusive litigation through third-party proxy to take my son. What do I do? I already filed a protection order against father from my son. I was thinking I should file a restraining order against the Grandma because she’s been helping. Him
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
It sounds like you're in a very difficult and stressful situation, and you need to take swift action to protect your rights and your child. First, if you believe there was misconduct during the process, such as altering documents or withholding information, you should contact an attorney who handles child welfare cases to discuss your legal options. You may need to challenge the actions of CPS, particularly if they violated proper procedures in obtaining custody.
It’s also important to ensure that you attend any hearings, even if the notice was unclear, and try to gather any proof of what happened during the exchange with CPS. If the court time they provided was incorrect and caused you to miss the opportunity to defend yourself, this could be an important point to raise legally. Filing for a restraining order against the grandmother may help if you have evidence of her involvement in any harmful behavior, especially if she’s supporting the father’s attempts to gain control over your child.
Make sure you keep documentation of everything—court papers, CPS interactions, and any communication with the father or his associates. If the father is using litigation to harass you, this may also be something to bring up in court. The more prepared you are with evidence, the better you can protect your child and yourself from further harm.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
