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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 18100
Experience:  B.A.; M.B.A.; J.D.
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How can I go about filing a civil law suit against CPS. My

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How can I go about filing a civil law suit against CPS. My child was taken on 6-7-13 because of bruising on her bottom that was reported by my neighbor. Because no one admitted (her father, myself, nor my fiance) to any guilt, CPS decided to have all three of us arrested. In her entire 3 years, she has never had any injuries and I am still fighting to get her returned to me. My life is empty and my heart sad without my daughter. Her paternal grandmother has temporary foster care and is brainwashing her with horrible things to repeat and my mother has her every weekend and teaches her to say things about her paternal grandparents. They are continually calling CPS on each other. Can you help return my child to me - from where she should never have been taken. CPS DID NOT FOLLOW THERE OWN GUIDE. SHE WAS NEVER IN DANGER IN MY CARE.
Submitted: 3 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 3 years ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.



How can I go about filing a civil law suit against CPS. My child was taken on 6-7-13 because of bruising on her bottom that was reported by my neighbor. Because no one admitted (her father, myself, nor my fiance) to any guilt, CPS decided to have all three of us arrested. In her entire 3 years, she has never had any injuries and I am still fighting to get her returned to me. My life is empty and my heart sad without my daughter. Her paternal grandmother has temporary foster care and is brainwashing her with horrible things to repeat and my mother has her every weekend and teaches her to say things about her paternal grandparents. They are continually calling CPS on each other. Can you help return my child to me - from where she should never have been taken. CPS DID NOT FOLLOW THERE OWN GUIDE. SHE WAS NEVER IN DANGER IN MY CARE.



Response: If you have not already done so, you need to file petition (application) for the return of your child. Once the petition is filed, a hearing would be held in the case giving you the opportunity to tell the Court why your daughter must be returned to you. Click here to download Court forms. The form that you need is form #10-4. CPS, and her paternal grandmother, who currently has temporary custody must be served with a copy of your petition, and Proof Service filed with the Court. See New York Practice Law and Rules Article 3 Section 306.