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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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Cps removed my son from my care because they said I abuse my

Customer Question

Cps removed my son from my care because they said I abuse my son . I took my son to the Dr on Tuesday may 19th because he had a really bad rash under his arm pit and he occasionally gets red in his eye and the cpt is stating that the red only has happens from choking or chest being compressed but after doing a skeptical xray the skeptical xray was negative so now they are going to go buy what the Dr thinks. I need to know if there is anything I can do because he clearly was not being abused the way cps is making it seem .
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
HelloThis is Samuel and I will discuss this and provide you information in this regard.I am sorry to hear of this matter. And so is the Doctor saying it was abuse? Is that an ER doctor? Did the hospital call CPS? Where is your son now? Do you have a hearing date?
Customer: replied 1 year ago.
A cpt doctor seen him. And on Tuesday I took him to the Dr and he wasn't seen by his primary care physician at that time he was seen by another Dr. And when I showed her the rash she automatically assumed I had scratched the baby or dropped him and she wanted me to get him xrays the following day and I didn't go because I didn't have transportation to begin with and then I really don't think a rash could have happened from bruising within the bone . he has red in his eye and he has had that on and off since he was born I was concerned about it and the drs first thing was that I abuse him. Cps had a cpt see my son n the cpt stated that the only way he can have the red in the eyes is from choking and compression to the chest so they did xrays and the xrays were negative. At this point its just he say she say from what the cpt doctor says and in his eyes he said it only happens from those 2 things .
Customer: replied 1 year ago.
Yes the doctor is saying it is abuse . not to mention he specializes in child abuse so his first thing when he sees the babies eye is choking or compression on chest . also they are saying my son has bruises all over his body and that is incorrect . the pictures will show he has no bruising and my son has delicate skin and his rashes he gets are very severe .
Customer: replied 1 year ago.
I don't know what to do . Its my word against there's and they are the law so I'm just worried that they will try and keep my son .
Expert:  Samuel II replied 1 year ago.
Hello
Yes, it seems your word v their word. However, they are experts and deal in these matters all the time and in that regard it seems they will present "evidence" to dispute your word.
I suggest, if you have not already done so, you consider consulting with a local attorney via your local Legal Aid. I suggest, that due to the possibilities of not only having your child taken from you, that you could be charged criminally, based on your information here and the "evidence" you say they have.
Keep in mind, that the charge does not mean a conviction. I suggest you continue to maintain your innocence. You do not need to participate in any interview process without a local attorney.
Customer: replied 1 year ago.
Yes I can not talk to an attorney until Tuesday and I go to court that day and as well they want to take my other four children for an examination with no proof my 3 month was abused . the xrays came back negative they have no proof of anything they are saying . do I have to let my children go to the exam or can I object to it . they took my son away and my other four children are in a family plan so would I be able to deny it and not get arrested ?
Expert:  Samuel II replied 1 year ago.
Hello
Thank you.
I suggest you can request a continuance on the hearing stating that you would like to have legal counsel to consult with in this this matter.
You may object to any exams or interviews, unless there is a court order where the court is ordering it be done.
If there is no court order, you do not need to agree to the exams, etc.
Customer: replied 1 year ago.
Ok thank you the detevmctive said they would go by the word of the doctor n not the xrays . so I don't want my other four kids to go thru the process of being examined they are going thru enough already so I don't have to let them take them to the exam. Correct I can deny it .
Expert:  Samuel II replied 1 year ago.
Hello
Only a court can order and force you to do that. The CPS cannot without the Court Order.
I am sorry you are enduring this situation and I hope it all works out best for you
Customer: replied 1 year ago.
Ok . I will let the cps investigator know that unless they have a court order to take them they will not take them. I have court Tuesday afternoon hopefully they don't take my other kids n judge will return my son and my Kidd what is a family plan ? They said my other 4 kids are on a family plan ?
Customer: replied 1 year ago.
That is a picture of my son which they sauly he has bruises over his body n the hemorrhaging in the eye. From my view he doesn't look bruised to me .
Expert:  Samuel II replied 1 year ago.
Hello
Thank you
Yes. The family plan is the best you can hope for. And you know, if you feel they continue to harass you, you can always consult with a local attorney to help you out.
That is a nice picture of your son. I don't see any bruises, either.
Customer: replied 1 year ago.
Thank you the report the Dr states there is signs of child abuse because the baby has bruises all over his body .
Customer: replied 1 year ago.
Thank you the report the Dr states there is signs of child abuse because the baby has bruises all over his body . what is a family plan my son they say he belongs to the state and my other 4 are in a family plan I have no right to them?
Expert:  Samuel II replied 1 year ago.
Hello
A court ordered family plan is one that places the children in foster care with visits from the parents. And as time progress, with parenting classes, the intention is to reunite the family.
Customer: replied 1 year ago.
My kids are in a family plan and stay with my mother in law . what would happen if I would to go pick them up even tho they said I can only see them when my mother in law is present .
Expert:  Samuel II replied 1 year ago.
HelloIf the Family plan is court ordered, you would be in violation.If there is no court order then the children are there with your consent. However, if you retrieve them it would weigh heavily against you and a court order would be sought to keep you from having the children - maybe even terminating your rights.
Customer: replied 1 year ago.
Ok thanks . So then that would mean they can take them to get examined before we go to court on Tuesday afternoon . I want to object that exam until the judge sees our case because I really think the judge will see no evidence of child abuse
Expert:  Samuel II replied 1 year ago.
HelloYes, indeed. They can get an emergency order.

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