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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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my 2 year old baby girl was taken by her sex offender mother

Resolved Question:

my 2 year old baby girl was taken by her sex offender mother still on probation.i got cps to investive gate and nothing happened.mother has only been out of prison 9 months after servingXXXXXdate is nov22. cps wants me to sign safty ageement to get her back it says i must do every other week with this terriable person.can i sign it and break it?will i go to jail?i had my baby all her life and her home is with me!
Submitted: 5 years ago.
Category: Family Law
Expert:  Samuel II replied 5 years ago.



I am sorry to hear about this situation


So you have full and sole custody of your daughter by Court Order?


How did the Mother get the child?



Customer: replied 5 years ago.
i filled for custody and court date is nov.22 2011.i took my child to her mothers house for a weekend visit and when i went to pick her up her mother gave me no trespassing paper and the mother said im keeping her now!
Expert:  Samuel II replied 5 years ago.



I see. Thank you for that information. You never had any custody Order. That is what happens when there is no Order. The parent in possession has the control and power. This is unfortunate.


So now CPS says they will force her to give you the child back but then you have to share the custody one week on and one week off? But only if you sign some type of waiver?


I suggest, you try to have an expedited ex parte hearing wherein you tell the clerk of the court that you are concerned for the welfare of your daughter. And request that you get a Temporary Order from the Court granting you sole custody with no visits or at the very least supervised visits until your Nov hearing.


If you sign that waiver with CPS and then violate it, they will come and remove your daughter from your home.


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Customer: replied 5 years ago.
can temporary court order be in place in a weeks time with a lawyer?
Expert:  Samuel II replied 5 years ago.



Yes. If you request an emergency Ex Parte Hearing. An Ex Parte means only you will be heard on the matter. You present all the evidence that you have. Your daughter has lived with only you, the Mother is a convicted sex offender who just got out of jail, etc.


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