Legal Question in Family Law in California
CPS involved 2nd offense
My ex and i had an open case from August of 2004-February of this year, the case was dismissed and i was given physical custody of the 3 kids, i had another child with my current boyfriend. My ex has visitation with the kids every other weekend and every sunday, he has been taing pictures of every injury that my kids have gotten even injuries they received at his house, my 2 year old son had cut his chin open, i took him to the urgent care, and he took all 3 of my kids to the sheriffs station reporting that i am abusing them. He submitted all the pictures claiming i did it all to them. All 4 of my kids were taken into protective custody. the 3 from him were given to his mother, who i was told by him would turn around and give the children to him, and my youngest 8 month old is in a confidential foster home. we have court this wednesday. In the previous case he was charged with child abuse and neglect, he has been abusive to me also in the past, i was charged because i was aware that he was abusing them, what should i expect to happen when i go to court on wednesday?
2 Answers from Attorneys
Re: CPS involved 2nd offense
Get a lawyer to ask for a continuance. Then your approach will be to explain each and every allegation to the judge. Try to understand that the authorities have a duty to protect the children and, since you believe they have been fed false information, introduce your argument with an explanation as to how you believe they came to believe you had abused your children. Don't be accusatory or angry, just give the judge the facts to make it clear you do not blame the authorities, but the false statements made to the authorities. Do not show anger at your exspouse, but do state firmly and unequivocably that he is unfairly negative toward you.
Then, describe each and every cut, bruise and scrape. State when, how and why each event took place.
Then describe your home routine, the procedures you have in place to protect their health and safety.
Finally as a closing statement, tell the judge you love your children and will do anything to get them back including cooperating with any officer or agent the court wants you to work with to prove that you can take care of your children.
Re: CPS involved 2nd offense
You should retain an attorney represent you in the juvenile court. Then contact teachers the children's doctors, and other witnesses that can testify as to your parenting style. You will need to act quickly as the time for action is juvenile court is short.
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