Legal Question in Family Law in Florida

Cps situation

My children were removed by cps even after the investigator told me they wouldn't be.

I missed the shelter hearing b/c the investigator gave me the incorrect courtroom number. So, I was in the courthouse at the right time, but the wrong courtroom. I tried to file a motion to have another shelter hearing but was told I could not. Now my arraignment is next week and I have not had a chance to state my side. I have no money and have to have a court appointed attorney which I wont meet until the arraignment. It was not my fault that I missed the hearing. What is my recourse to get my side heard? What will happen at arraignment?


Asked on 12/03/08, 2:49 pm

1 Answer from Attorneys

Kelly Papa Law Office of Kelly Papa

Re: Cps situation

You will be assigned an attorney at arraignment. That attorney will be able to go over when and how you can state your side. That attorney may even be able to request that the children go back to stay with you, if you can provide evidence that the children will be safe. I am sure that the judge did take into account your non-appearance at the shelter hearing in deciding where your children should stay. Once DCF is involved, it's a tough rode.

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Answered on 12/03/08, 4:52 pm


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