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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 99983
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a court date set in a month with cps to try and take

Customer Question

Hi I have a court date set in a month with cps to try and take my children because my oldest son 5yr ran down the road we live in the country was gone approximately 10mins "1/2 mile" before I picked him up I had to call the sheriffs department when I couldn't find him they told me a neighbor was waiting with him down the street. The reason I wasn't outside to get him before he went to road was that my 4 year old son was inside and I needed to check on him . In what cps filed with the court they don't ever mention that I went to check on my other son. Their getting their info from the police report that was made when they came to my house but they have chosen to make me seem out of my mind now that they want my kids. I have recorded messages with my caseworker before this situation came to trying to take my kids with her saying she has no reason or anything to take my kids and that I did everything right to locate my son that accidents do happen. How can I submit my recordings? Another reason I'm worried is because we have delt with cps before because my 4yr was born with thc in his system because i had used to help with pain we had to do drug test with cps which came up clean we refused any more of their orders so they took us to court try in make us do what they wanted. Judge told us and cps they have nothing on us because our test were clean to dropped the case we won. Now cps falsely reported in these recent court papers that we were positive for THC and the judge threw out the case. Because we gave cps a hard time 4 years ago we do believe that the district manager is getting her revenge and altering the paper work with cps 4 years ago. I can't be sure but we do know that they are lying and making false sworn statements.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about this situation.

How do I submit my recordings?

I assume you mean to the Court, at the hearing? If so, then you can find a good outline of how to introduce a recording in Court HERE. Scroll down to "Tape Recordings" which is on the 6th page. Note that this is not state-specific, but should work in Texas.

I can't be sure but we do know that they are lying and making false sworn statements.

They may very well be. However, if so, then it is their word versus yours. The Court makes a decision, then, on who is more truthful.

NOTE that in Texas, one has a choice of using a JURY if this is an original case of custody against DFPS. If so, then it may be in one's best interest to ask for a jury trial, because it is generally harder to convince a majority of lay persons to take away custody than a Judge. Also laypersons who make up the jury often have negative feelings associated with DFPS.

Good luck.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Expert:  FamilyAnswer replied 1 year ago.

Thank you. The first thing she needs to do is find out if there is truly a no bond hold on this. I say this because if there is a bond, she could simply turn herself in, post it and then be released and appear at her next court date and not have to sit in jail. If there is a no bond hold on her, then her other option is to retain a criminal defense attorney and have them file a motion with the court, asking that the capias be lifted and the court date reset, so she can appear. She is not able to just pay a fine and court costs and clear this up and her appearance will be required, likely on more then one occasion, until this is resolved.

Expert:  FamilyAnswer replied 1 year ago.

Sorry, that was a site error. Please allow me to opt out and the other expert can assist.

Expert:  Ely replied 1 year ago.

Original expert here - let me know if you did not see my question. Seems the site had a glitch.

Customer: replied 1 year ago.
what question ?
Expert:  Ely replied 1 year ago.

I meant my "answer." My apologies! I will re-paste my answer below for you:

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about this situation.

How do I submit my recordings?

I assume you mean to the Court, at the hearing? If so, then you can find a good outline of how to introduce a recording in Court HERE. Scroll down to "Tape Recordings" which is on the 6th page. Note that this is not state-specific, but should work in Texas.

I can't be sure but we do know that they are lying and making false sworn statements.

They may very well be. However, if so, then it is their word versus yours. The Court makes a decision, then, on who is more truthful.

NOTE that in Texas, one has a choice of using a JURY if this is an original case of custody against DFPS. If so, then it may be in one's best interest to ask for a jury trial, because it is generally harder to convince a majority of lay persons to take away custody than a Judge. Also laypersons who make up the jury often have negative feelings associated with DFPS.

Good luck.

I hope this helps and clarifies. Gentle Reminder: Use theSEND or REPLY button to keep chatting, or please RATEwhen finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith

Customer: replied 1 year ago.
do i actually have to submit anything to the court or do i just need to mark areas on it? will the judge listen in the court room?
Expert:  Ely replied 1 year ago.

do i actually have to submit anything to the court or do i just need to mark areas on it?

Check your local rules of court. They may require you to submit any evidence planned to be used in a hearing ahead of time. If not sure how to find local rules, tell me what county this is in and I can possibly help.

will the judge listen in the court room?

Yes, they should.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
comal county texas
Expert:  Ely replied 1 year ago.

You can find them HERE.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Taking a drug test and taking my kids to the doctor and dentist this month should help show that my kids are healthy to the judge? do you think getting the police report will help show the judge what i did in fact say vs what my casework has said? if i prove without a doubt the caseworker is lying within the sworn statement the case can be thrown out? Submitting paper evidence would be the same concept of voice recordings?
Expert:  Ely replied 1 year ago.

Taking a drug test and taking my kids to the doctor and dentist this month should help show that my kids are healthy to the judge?

This may be helpful, yes.

do you think getting the police report will help show the judge what i did in fact say vs what my casework has said?

If there is indeed a discrepancy, then yes.

if i prove without a doubt the caseworker is lying within the sworn statement the case can be thrown out?

Not thrown out outright. However, their case would suffer as a result.

Submitting paper evidence would be the same concept of voice recordings?

Yes - please see the original link for more on this.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
the court has issued an ad litem for my kids why? can i do anything about it? my kids don't talk but only to my husband and me. how can someone represent a child if they know nothing of them cause the kids will not talk? how will this affect the court out come? seems pretty messed up that my children are being taken advantage of they don't talk. so instead of the parents who only knows them in the court room cant speak for them. the whole thing for the court order to do anything for them was to protect my kids from harmful intrusion yet everything seems to continue to take my rights away.
Expert:  Ely replied 1 year ago.

-The court can issue an ad litem attorney which is a type of attorney that represents the children above all else. Not you, not CPS, but the children. This is very standard and the children are often appointed an ad litem. The Ad litem may align themselves with CPS, or, may not. They may work work with you, or may not. It depends on what they feel is best for the children.

No, this is pretty standard. The Court has the right to appoint an ad litem.

This will affect the outcome in that the ad litem represents the children - they can appear at hearings, ask questions, cross examine, argue, etc.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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