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MIAMILAW1127
MIAMILAW1127, Family Law Attorney
Category: Family Law
Satisfied Customers: 731
Experience:  Founding Partner at Moises Law, P.A.
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I have had full custodpy and placement of my son since he

Customer Question

I have had full custodpy and placement of my son since he was 5 months old. Hes 4 1/2 now. His moms been in and out of prison and rehab for his whole life. I smoked synthetic marijuana on sunday and kinda had a episode. Thought My house was haunted was to neighbors with masOn in my arms asking for help talking crazy they brought him to my mom and me to hospital. The cops did. Well cant be alone with my kid i dont know my rights. He was a little freaked out but hes crying eVery night for me. Idk my rights. I mafe a mistake. Hes not in danger. I signed a safety plan so i Could see him. Even when his mom was on heroine they didnt take him from her. She got caught with it and went to prison. I havent ate slept or stopped crying in a week. Wglhat can i do cant tell them no. Or idk. Tell they can take it to court but all others partys agree the safety plam is not needed.?? He can sleep over wIth my mom tomorrow because hes been crying every night. But thats still not the same. How can i get my son back now. With me! Plwlease anything will help!
Submitted: 1 year ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. My name is***** and I am here to help you with your question.

The first question I have is who has custody of your son now?

Customer: replied 1 year ago.
My mOM superviseS him with me for two days then my sons mom gets him. just starting tomorrow she can sleep here with him
Customer: replied 1 year ago.
Before this happened i had full custody full placement and his mom had him supervised at reasonable tolime upon resonable notice
Expert:  MIAMILAW1127 replied 1 year ago.

Ok. What is going to happen is that in the meantime, an investigation is going to be done to determine whether your son is safe with you.

If it is determined that this was an isolated incident and you are not a danger to your son, your son will be returned to you. If not, you may need to undergo treatment, see a psychiatrist, etc. to address any issues that could be detrimental to your son. Once you complete these requirements, custody would be returned to you.

Customer: replied 1 year ago.
It was an isolated incident there still saying mason is in need of protection. Weve been thru this with his mom they never took him from her. The sosocial worker topd me she is filing a dispositional order regrdless oof what i do. Im signed up for aoda classes and counsiling. It just happened a week ago. Cant me my mom and masons mom go in and Say disagree and were going back to how it was and if theyd like to file a order then just see em in court or are they in charge. If all of us are in agreeance but the social worker. Then w h a t
Customer: replied 1 year ago.
Can i just take my son back and let then investigate on
Customer: replied 1 year ago.
I made a mistake how would i go about fighting cps and would i have my son during the battle. Hes hurting not seeing me so am i
Customer: replied 1 year ago.
I dont agree hes in need of protection i made a mistake. My mom and masons mom agrees
Expert:  MIAMILAW1127 replied 1 year ago.

You cannot really do much here because CPS is in control. They will do their investigation. If they determine there needs to be a hearing, they will set one with the court. You can then make your case in front of the judge and the judge will decide.

At that point, the judge may take all the parties' preferences into consideration.

Customer: replied 1 year ago.
Can get a court appointed atty now. Or would someone workbon payments
Expert:  MIAMILAW1127 replied 1 year ago.

You should be able to find someone to work on a payment plan. I'm not sure if the court will appoint an attorney for you in this instance. You would have to prove that you are indigent (meaning you are poor and cannot afford legal counsel).

Customer: replied 1 year ago.
How can i prove im poor and get court appointed before i appear before a judge. Or not possible?
Expert:  MIAMILAW1127 replied 1 year ago.

You should get in contact with the Wisconsin Legal Services.

Their website is http://www.legalaction.org/