Legal Question in Family Law in California

CPS- threatens to take children

My wife and I had a serious fight two months ago ion front of our two boys age seven and 11 mos. She dumped wine on me and I grabbed the bottle and hit her with it. We seperated for 1 month and reconciled and both of us are in counseling and 12 step programs. CPS showed up at our 7 year olds school and interviewed him with out are knowledge. Then asked to meet our 11 month old and both of us. We explained what happened and what we were doing since the incident and the CPS lady left. 2 Hours later she called and told us that I had to leave our house and my wife needed to file a restraining order aqainst me or they--name removed--take our kids. They--name removed--let us know what to do after we do this. HELP


Asked on 5/30/03, 5:51 pm

3 Answers from Attorneys
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: CPS- threatens to take children

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

CPS stands for Child Protective Services. They claim to be looking out for the best interest of the children -- NOT you or your wife -- but they are very unpredictable. They have no authority to tell you or your wife what to do -- ultimately only a judge can do that -- or to threaten you. Be careful. Contact an experienced Family Law attorney in the county where you live for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 6/07/03, 3:48 pm
Robert Mccoy Law Office Of Robert McCoy

Re: CPS- threatens to take children

It sounds to me like CPS is violating your constitutional right to parent your children in a way you deem fit. Of course, your wife could always get a restraining order then waive it and let you move back in. Be very careful when dealing with CPS, they can take your children away temporarily and make your life miserable. These things can become very expensive in attorney fees. I would need more information in order to properly advise you of what options you should or should not take.

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Answered on 5/30/03, 7:25 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: CPS- threatens to take children

I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various family law issues at my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 6/03/03, 10:15 am


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