Legal Question in Juvenile Dependency in California

Two Parents--One is the abuser the other isn't

I have joint legal custody of my 5-year old daughter. She spends 1/2 time living with me and 1/2 with her mother. The mother and I live apart. Recently, while in her mother's care, the mother beat our daughter and CPS was called. My daughter was taken into child protective custody. How can I--name removed--the father (the non-abusing parent), get my daughter out of child protective custody? Can I get custody by bypassing the jurisdictional hearing?


Asked on 1/30/06, 6:29 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Two Parents--One is the abuser the other isn't

Unfortunately, prepare yourself for the worst. CPS is made up of radfem social workers who firmly believe that all fathers are abusers, and it is impossible for a woman to be the abuser. They will start by finding something supposedly wrong with -you- and you will be ordered to do a bunch of stuff (called "services") that is so onerous, you won't be able to do it, and they will seize upon Your Failure To Comply With The Service Plan.

If your child is injured or killed as a result, please contact me because this happens sufficiently often that I have successfully handled several civil lawsuits of this nature (but I do -not- practice in dependency court).

Possibly you could ask your relatives if they would volunteer as foster parents, it may come to either that or strangers, and you really don't want to hear those stories either.

Good luck, you'll need it. Admit nothing, even when your brainless court-appointed lawyer tells you you mustq.

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Answered on 1/30/06, 10:06 pm


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