Legal Question in Family Law in California
my children were taken by child welfare services today, what are my rights and the typical outcome of first-time cases?? Is there anything I can do to be prepared for the first hearing? They took the kids (one child from old relationship & baby from this marriage) because my husband is abusive and I have not left the situation. I at one point filed for legal seperation, never showed up to court, then he hit me again & I had it ammended to a disolution of marriage & filed for temp custody orders for the baby. Court is scheduled for tomorrow am ( for temp custody of baby) We are still together, seeing our pastor from church, he sees a shrink once a week (& has been for a few months now) We would like to stay together & work it out, but I'm not sure if I need to look out for myself & the kids or our family altogether. Is it incriminating to stay or admit guilt of domestic violence in court tomorrow???
1 Answer from Attorneys
The answer depends to some extent on the county you live in. Your children will not be returned to you until you have convinced CPS that they will be safe. In most situations you would have to convince CPS that your husband will not be around you or the children. This can be done by obtaining a domestic violence restraining order against him and enforce it. He needs to take a domestic violence course, and obtain counseling before he is allowed to return home. You should also consider receiving counseling in regard to being a battered spouse. Your first consideration should be the safety of yourself and the children. Retaining an attorney to represent you would be a wise course of action. If you are unable to retain an attorney then ask the court to appoint counsel for you.
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