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GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12037
Experience:  Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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I would like to ask an private question no one else can view.

Customer Question

I would like to ask an private question no one else can view. Can anyone help keep this question and answer locked?
Submitted: 3 years ago.
Category: Family Law
Expert:  GeorgetownLawyr replied 3 years ago.
Hello, My name is Lisa and I'll be helping you resolve your matter.

Please remember there may be a delay as I may be helping other customers.

sorry this is a public forum but you can omit names if that makes you feel better?
Customer: replied 3 years ago.
I'm afraid not. I have seen other private questions and answers online. It will require a great deal of information to accurately receive your thoughts. I'm just not willing to go public.
Expert:  GeorgetownLawyr replied 3 years ago.
Ok, I understand. Well sorry. Take care.
Customer: replied 3 years ago.
I need the advice so here goes. Last year my husband had a bacterial infection that resulted in two strokes. He has had a number of medical complications such as chronic headaches, numbness of extremities, declining vision and hearing. We are now in the process of obtaining a court hearing for disability. The only issue of concern for our lawyer is my husband still caring for our three year old child. I am the sole breadwinner so not returning to work was out of the question. It is nearly been a year since this horrible illness but his condition is not improving. I am not financially able to put my child in daycare. I have made caring for him as easy as possible with doing what I can by preparing meals, toys etc. ahead of time. My husband's only true responsibillity is to make sure he doesn't injure himself. My husband can interact with him as he can. He cannot build Legos or do everything he would like to do, but I don't fear his being injured when I go to work. In an emergency I certainly feel like he can care for the child. My lawyer is concerned because during the court hearing, she thinks his caring for the child is the only hinderance to the case. She is also concerned the judge or someone else may feel the need to involve CPS. Her reasoning is that if he is disabled how can he adequately care for the child? My home is clean and my child is clean. I feel torn right now. We desperately deserve the income disability can provide, but I do not want anything to endanger my child being removed for what I feel is no good reason. Disabled individuals surely care for children everyday. I would appreciate your thoughts on the matter and whether I should worry about the "might be."
Expert:  GeorgetownLawyr replied 3 years ago.
I agree with your lawyer. I think what you are really looking for is assurances that no one will be able to give you. You either take the risk to go to court on the disability case and have the judge be concerned about the care of your child and potentially call in CPS or you give up pursuing disability. There are no easy answers here. None at all. No one can guarantee you what a judge will do but if you look at this situation objectively anyone would have concern for a child being cared for by a disabled person. There are scenarios that you may not be thinking about that could occur that your husband may not be able to respond to, that could put your child in danger. Say they take a nap and wake up with the house on fire or something extreme like that. So I can see where a judge would be seriously concerned. So the choice is yours and it's a hard one. You either risk it or not but I think your attorney has done a good job of warning your of the potential for what a judge may do in this case. I hope this helps a little.

Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work (as you would like to receive credit for your work). Positive feedback is also appreciated, if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is not required. I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice. If you specifically want me to answer a future question put “FOR GEORGETOWN LAWYER” in the subject line and I will reply asap.
Customer: replied 3 years ago.
Do you have more information about what would happen if CPS did get called? What would you feel to be the worst case scenario? Would someone look around and say you need to get more help? Would the child automatically be taken away?
Expert:  GeorgetownLawyr replied 3 years ago.
That's another unpredictable issue. It will be up to the investigating case worker. They may allow you to get more help, but that begs the question, why not get more help now so that the judge has no concern about the child's welfare. I know you say you cannot afford it but if it comes down to having your child taken away or getting family/friends to come and help i would urge you to find someone to help. The case worker can also remove the child until they feel you have adequate help in the home. In that regard they would put a parenting plan in place that you have to follow to get your child back. Trust me, you do not want your child in the CPS system, ever. It is always a bunch of hoops to jump through to get your child back. If they remove the child, they look for the nearest relative to place the child with and if there is none then the child goes to foster care until you comply to get your child back. So I'm sure that is not something you want. I hope this helps clarify. thanks and please be sure to click ACCEPT so that I may be paid for my time and answers. Best regards.

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