Legal Question in Family Law in California
My 13 year old daughter, dad was in another state and never called or saw except 1 week in summer and on Christmas, I have had full physical cqourt ordered custody and 50% legal her whole life and due to domestic violence and drug,needle & theft criminal charges, his visits are at my digression. A "friend that I was "dating" has a gf that reported me for selling drugs because she was upset we were "dating". I didn't know he used till Jan 22 when I went to save him from her place as he was arrested for dv and they told me he had pipes on him. He'd had pellet guns I bought and they were taken by the police in an effort to keep him from having them back I called the detective begging not to return them but they are going to. This upset him and now they are swearing revenge and call on me to say I'm selling drugs and DCFS investigates and had nothing to go on when I stated I used but had 15 years clean she wants a drug test and I had a panic attack (PTSD due to my son passing away 3 1/2 yrs ago from leukemia at age 13) I have proof the both of them want to ruin me even though they are still living together and I never gave her my number this is all my fault. They think it's funny but I work for the county also and have a dental license and will likely lose both for an open case I can't fight because I tested dirty which I have no other ideas on how except his Gatorade or my anxiety meds. DCFS came to give results. First she gave me till wed to test and called my mom Tuesday her visit was Monday and Tuesday threatens to take my daughter if I don't test that very day. I text her back its my case to talk only to me. She continues texting my mom and I test that day I call her supervisor to tell them I want a new worker or a super w/her and she says she agrees and will get back to me but the following week she comes to the house unexpected when my mom lets her in and comes to the back where I stay and tells me she is here and I am changing to leave to pick up my daughter for a trip to the mall. I see the worker though the door and she's alone so I leave. I hear from my mom who thinks I'm there still and my mom tells me the worker said I need to sign something and I told my mom the super had said I wouldn't be dealing with her one on one so I had someplace I had to be and was going to be late to. I then stated I'm not worried about the results I know I'm clean and the worker shouts at me that I'm very dirty and if I don't come and sign an agreement to check in to a live in treatment program that London will be removed from my home. Ca penal code says that any use of drugs/alcohol or both is in and of itself not justification to open an active case but merely an opportunity to evaluate wether or not the parent would need/benefit from further resources of services. It is not an actionable offense even if a mother gives birth to an intoxicated baby unless DCFS can prove that abuse/neglect is or will be occurring as a direct result of substance abuse. That IS NOT TRUE in my case I've never hit my child and since losing my son I almost never yell and she is doing well in school no marks/bruises is spoiled rotten and has tons of friends. Because I left to pick her up the worker had the police file a missing persons report on me and though I was in contact by phone with the officers or my mom the entire time I'm now a parent that endangered my child while parked and eating a pastry and an iced tea on our way to the mall 20 min from home. The worker texted me I didn't need to come home she wanted just to make sure child was ok I replied yes and she could call her if she chose to she didn't and I was told by the officer I could give my daughter to my mom to take her home and I did and they took her from my mom to the station where they gave her to her dad who now wants custody and won't speak to me and I never did that to him when he was using but I'm not. One dirty test doesn't equal a problem or a user. I wasn't charged with sales and the sheriff mental health assessment team evaluated me for over 3 hours the next day cleared me of use in 5 min and the worker wouldn't hear her out. It's not in the report I have meds or the eval or the threats or disability. I wasn't told in any fashion why my daughter was taken or that I had court or that I have done anything wrong. When I contacted the supervisor Thursday she said I had court and dirty test and she's with her dad and nobody can say why. I have a DUI for alcohol 09/05/14 and nothing else but my dental licensing a 15 yr old burglary felony and clearance to work for the county. He has drug charges and 8 years clean no job but has a house. Now I get 3 visits for 3 hours each per week supervised until May 5 when I go back to court and I haven't seen my daughter since court feb 19. They ordered drug testing, substance abuse counseling individual counseling and parenting classes. FOR WHAT?!?! She is thriving and doing very well and I've done nothing wrong my attorney and the supervisor have not returned my calls and I have stated I want an appeal. What else can I do I need my baby home she doesn't want to speak up and this is destroying us.
1 Answer from Attorneys
This is clearly a complex situation needing the guidance of your current attorney. If you cannot reach your attorney by phone, schedule an office meeting.