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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17447
Experience:  B.A.; M.B.A.; J.D.
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I was involved in a domestic violence dispute w/ my childs

Customer Question

I was involved in a domestic violence dispute w/ my childs father. The baby was in the next room while the incident took place. The cops were called and the father took off before they were able to apprehend him. This took place a week ago. CPS initiated a safety plan in which I signed. In the safety plan It was suggested that I obtain a restraining order for myself and our son. I did so that day. Over the last week I have had CPS and police visiting my residence daily in search of the father. As the police and CPS continued to question my neighbors I was growing frustrated at the harassment and the demeaning nature of their interviews. I became less cooperative, and today my son was removed from my care. Cps came and put him in the system. They said that this was done because I can not protect myself therefor I can not protect them. I did everything that they asked and did not violate their safety order. I did let them know that I received a phone call from him on a blocked number and we talked briefly about him turning himself in. I feel that they took my 3 mos old son as bait for his father. I don't know what to do and feel as if they violated me as a mother. Please help is this ok? What can I do?>
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
I was involved in a domestic violence dispute w/ my childs father. The baby was in the next room while the incident took place. The cops were called and the father took off before they were able to apprehend him. This took place a week ago. CPS initiated a safety plan in which I signed. In the safety plan It was suggested that I obtain a restraining order for myself and our son. I did so that day. Over the last week I have had CPS and police visiting my residence daily in search of the father. As the police and CPS continued to question my neighbors I was growing frustrated at the harassment and the demeaning nature of their interviews. I became less cooperative, and today my son was removed from my care. Cps came and put him in the system. They said that this was done because I can not protect myself therefor I can not protect them. I did everything that they asked and did not violate their safety order. I did let them know that I received a phone call from him on a blocked number and we talked briefly about him turning himself in. I feel that they took my 3 mos old son as bait for his father. I don't know what to do and feel as if they violated me as a mother. Please help is this ok? What can I do?>
Response: CPS has to act in the best interest of the child. If CPS suspects that you are not being truthful and that you are hiding the father and thus fears for the safety of the child, yes CPS can remove the child from your care. However, if you disagree with the way CPS has handled the case, you can file Emergency Motion with the Court for immediate return of the child. You can get blank Motion forms at the Courthouse in the Clerk's office.

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