Legal Question in Family Law in New Mexico

cps keep coming to my home

i got full custody of my kid and now the cps keep coming to check out my home and how we live is there any way to stop them from try to take my kid way i know its my exwife doing all the calling she lost her custody in family court and now in they have come by to talk to my kid at daycare and at school is there a way to stop this my kid is not feeling so well after all they took her away the last time and i got her back from the court .. she think that they will take her a way once more i keep telling her they dont got any thing on us for them to do this thank you for your time


Asked on 2/28/03, 7:02 am

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

Re: cps keep coming to my home

Your message does not convey sufficient information to warrant a response to the exact question. However, you should be aware that there is a law which is meant to stop people from using an agency or the police as a harrassing tool against you. Nonetheless, there is a significant amount of work that you will have to undertake to get from where you are to where you want to be. The reason there is a lot of work ahead of you is that the law you say is being used against you is one that is meant to protect children. Thus, if someone reports that you are abusing a child the investigative agency is going to do what they can to determine the veracity of the claim. That determination will necessarily involve speaking with the child. Your note said that the child had been removed previously. That says that someone (investigator) had a concern sufficient to remove the child. If the concern was bogus then that only underscores the need that you obtain legal counsel as quickly as possible. If the concern was legitimate then that underscores the need that you obtain legal counsel as quickly as possible.

You should obtain the services of an attorney so that the specific points of your question can be addressed by someone who can investigate and produce information in the light that best shows your point. The state bar of New Mexico maintains a web site at http://www.nmbar.org wherein you can obtain a telephone number for a lawyer referral service. This service will give you a list of names of attorneys in your town or city who can assist you.

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Answered on 2/28/03, 10:01 am


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