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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114125
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My children are being taken away from me today i have no

Customer Question

My children are being taken away from me today i have no where else to turn i dont know my rights but i feel as if im being discriminated against. About 3weeks ago my husband and i got into an altercation at home my daughter got scared and called police police showed up and arrived to my home and said it was dirty nd roach infested (remember we were fighting nd things were thrown etc. ) dpss was sent to my home oddly same worker as previous refferrals i suffer from depression nd other isusses i failed a drug test (taking allergie) medicine now out of the blue my kids r being removed i have not been given ny copies of nything ive signed at all whatsoever what can i do
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Ive fully complied and always have in the past. I signed something for family preservation to begin in my home nd my children have told ss worker that they dont know of my drugs ive never exposed them to nything like tht my children are going to ne placed back with the abusers they were taken from in the first place i enrolled in a program but ive never hit my children im also a victim n thos the initial issue at hand was abuse now all this what can i do
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
At this point, all you can do is go to court to try to get the court to order the children returned. The US Supreme Court has held that the rights of the parent are a basic civil right ("Fundamental right" is the term they used) which shall not be interfered with unless it is proven by CLEAR AND CONVINCING EVIDENCE that the parent is unfit. See: Troxel v. Granville, 530 U.S. 57 (2000). So in court, they need more than just a little evidence to prove you are unfit, they need clear and convincing evidence.
Drug use means illegal drug use or improper drug uses (like addiction to pain medications). If you have allergies and are taking medication prescribed by the doctor or depression and taking prescribed medication, the court is not supposed to use that against you unless the medication renders you unfit.
By filing a suit for reunification in court, you would have the opportunity to present evidence to someone other than the biased and incompetent social workers who live in fantasy land most times. Your attorney would present character witnesses and proof you are not unfit, even though you may have some issues that you will willingly seek treatment and counseling for and will work to craft a plan outside of these social workers plans, which they change like you change socks, that as long as you follow would allow the court to order the children returned.
You do need an attorney and you can go to legal aid if you cannot afford one, but going through the court is the only way to really fight this.

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