Q: My CPS case was closed with substantial evidence.
My CPS case was closed with substantial evidence. They didn't have enough evidence to criminally charge me with child abuse. My child has been in my mother's care since my daughter was taken 4 months ago and I want my daughter back. Family preservation services recommended I comply with a safety and service plan. I've done everything they have asked and they keep having me sign new service plans every month. If they don't have a court order against me and l've been very compliant with them can I go to get my daughter back? Would a judge even sign papers to not let me if the case is closed, they didn't have enough evidence to charge me and I've done everything asked of me? I never put that bruise on my daughter and l've never had her taken away from me. Please tell me what my rights are.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
It's encouraging that you have been compliant with the safety and service plans. Since your CPS case is closed and there are no current court orders against you, you have the right to seek the return of your daughter. Start by gathering all documentation that shows your compliance and any progress you've made in fulfilling the service plans.
You can file a petition with the family court to request the return of your daughter. Presenting evidence of your compliance and stability will support your case. Judges prioritize the best interests of the child, and your consistent cooperation can positively influence their decision.
Consider consulting with a family law attorney who can guide you through the legal process and help present your case effectively. They can ensure that all necessary paperwork is filed correctly and advocate on your behalf in court. Taking these steps increases your chances of successfully regaining custody of your daughter.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
