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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 112762
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I have a CPS case open, I'm not sure of my right, I'm not

Customer Question

I have a CPS case open, I'm not sure of my right, I'm not getting my visit with one of my children what do I do?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You need to understand that CPS is supposed to have a duty to protect children from abuse, but their social workers are the most negligent, incompetent and abusive individuals you will ever deal with. They are more interested in pursuing their personal bias and opinion rather than their job of protecting children.

The court, and the US Supreme Court too, has stated that the parent has a fundamental right (basic civil right) to have their child and make decisions for the child and that right shall not be taken away unless the parent is PROVEN to be unfit by CLEAR AND CONVINCING EVIDENCE (see: Troxel v. Granville, 530 U.S. 57 (2000)).

So you have a right to insist that CPS prove by clear and convincing evidence that you are unfit in order to deprive you of your children. If they are not doing so, you must get a local attorney and you need to take CPS to court to attack the claims of the social workers and prove that they are lying or making up evidence and get the court to order them to return your children.

If you prove they are making up evidence against you, then you can also sue the CPS social worker (and you SHOULD) for a civil rights violation for taking your children improperly. More and more people are winning cases against these incompetent CPS workers lately, so you need to stand up for those rights too once you go to court and prove they are improperly keeping your children from you.