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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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My child was put in a 7 day protection plan and now has been

Customer Question

My child was put in a 7 day protection plan and now has been placed back in my custody. The reasoning his mother made false allegations that he had abused her, he has not been cleared but there is no evidence and no reports filed that day it was 13 days after. There are 2 domestics against him assault and battery which with no evidence. Nor me or my child were there the night the charges were brought against him. The day she claimed of the assault there were no arguments. The grandmothers statement to CPS was I had been pushed on the bed by the father and Caleb was present, and her report to the state police was he had shoved her on the bed. No pictures proving this. The father has been ordered no contact with either of us however there are no orders in place but cps says they still don't recommend it to let them type up papers for supervised visits. We have no charges against us for domestic nor child neglect. After the 7day protection plan Caleb was given back to me I did not sign anything when they gave him back nor received any paperwork. They now have caught the grandmother in a lie with these accusations and did not have any facts, proof, or evidence to take him away. I did sign papers for the protection plan they told if I did not they would take him into state custody. If we don't cooperate they will not help us and take him. When they now know he's never been in danger.
Submitted: 7 months ago.
Category: Family Law
Customer: replied 7 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 7 months ago.
He has other charges for arson in the 4the degree, obstruction because he left and they couldn't get ahold of him he didnt know she had called the police, those domestics, and destruction of property. He nor I have ever been in trouble. Again all charges will be presented with no evidence.
Customer: replied 7 months ago.
I'm sorry but I have more they also told me I needed to file a dvp whether I felt threatened or not it would help me keep our son. Of course the magistrate denied the request because we have no domestics nor do I feel threatened for my son or myself.
Expert:  Phillips Esq. replied 7 months ago.
I am sorry, but I do not understand your post. I do not understand who the parties are or the issues. Kindly review, edit, properly identify the parties and the issues, ask specific questions, and resubmit. Thank you for your cooperation,
Customer: replied 7 months ago.
The police report only involves BJ, my sons father, and Bonnie, BJ's mother. CPS has opened a case against BJ, myself, and Caleb, our son. Bonnie is the one who filed the report with CPS. Friday, March 25, 2016 I had cleaned the kitchen Bonnie came in that evening. Caleb and I left, BJ stayed to take a shower. I was to come back and pick him up when we were done. BJ called telling me his mom was upset that I had cleaned the kitchen (I had only cleaned the walls) and he threw some of her cooking utensils away and then she left as she told me the same thing. I picked him up and went to his grandfathers as we already planned. Saturday March 26, we went back home, Bonnie's house. I went to open the door and it was locked (isn't unusual) she came to the door and said we were no longer allowed there and we could get our belongings Sunday. I did not argue I turned around and walked away BJ wanted to know why I was getting back in the car I told him what she said.
He was a "mommys boy" he went to talk to her he told me to come get some things and he would set with Caleb in the car I grabbed a few of our things and apologized and went to the car. He then went in and got a some of his things and came back out. She was saying something she was inside and we were out he went back in to see what she wanted he told me to leave he would call to come get him he had to help her with sewage. I received a phone call 15 min later saying the law were going to our residence. I called the disbatcher to see what was going on I was told there was a standoff situation. I made numerous calls trying to contact officers that were on the call nobody called til 3 am I was at my mothers. The information given was false. He needed to contact them because she had called 911 sometime that night and filed a domestic battery Friday night. He had not been told about this. He left minutes after I left. They thought he was around the house. The officer they needed to talk to him but a domestic was filed Friday. They wanted me to find him and turn himself in. He called early in the am Bonnie had left. He was going to turn himself in later that day it was Easter. As we were leaving our road several state troopers were parked BJ stopped and got out they arrested him. He has 6 charges one being a felony and 2 domestics assault and a battery. She made a false allegation that 14 days, March 13, BJ and I were arguing and she shielded Caleb and he pushed her on a bed. None of this happened there was no arguement. She does not have any proof or pictures of this (domestic assault charge)(domestic battery is cooking utensils threw in trash).
Bonnie called CPS over the domestic. Monday, March 28 BJ's sister Traci called me and said a CPS worker wanted me to call. I called and she wanted to me to come to the DHHR to see if Caleb and I were "ok". We were not in any threat but since I could not guarantee Caleb I could keep Caleb, if BJ got released from jail and wanted to hurt us, I could not protect him. They were taking him out of my custody and putting him with my parents in a 7day protection plan with my parents. I could be with him at all times but I could not be alone or take him anywhere. If I did not agree to this the state would take him. I did sign the 7 day protection plan. I had to file a dvp in order to get him back in which the magistrate denied due to no physical harm, threats, or domestic charges between us. I did not feel we were in danger. Caleb and I were ordered through CPS not to have any contact with BJ it was not written on paper. After the 7 days Caleb was returned back in our custody. I was told I could have made contact during those 7days after being told I couldn't Caleb was the only one who couldnt and still couldn't until otherwise instructed by them and it would be supervised visits. I was not given nor signed any kind of paperwork but told a case is being opened. They let us go. She did not collect any evidence nor talk to anyone but Bonnie and I during that 7days. As he was being released Thursday, March 6 she came to the jail did not speak with him instead she would visit him Friday 7, at his grandpas. I called Friday to ask if he could see Caleb since she would be there and she said " He is the custody of both of you that is your decision. 20 min later I called back with information to give her in a job and wig appointment. She then said Caleb or I were not allowed to have contact at all until she looked at his release papers. No where does it say on them he can't have contact with Caleb and I. She has found out Bonnie has lied on her report, her stories are different in what she put on her police report. She still has no evidence of any child neglect. We have several people willing to back us up including doctors and nurses. She told BJ we could have contact because there is nowhere saying we can't but she doesn't recommend it
Customer: replied 7 months ago.
Because we could lose Caleb if we do have any contact. They will need to type up paperwork giving him supervised visits. He still has not signed anything.
Customer: replied 7 months ago.
We also have no pending and police will not be filing child neglect charges because he was not there.
Expert:  Samuel II replied 7 months ago.
HelloThis is Samuel. I would like to provide you information in this regard. But I am unclear as to your question. What information are your seeking, please? I have read your facts so there is no need to repeat the facts. I only need to know what information you need? What is the question?
Customer: replied 7 months ago.
Since CPS has clearly violated my rights and told me if I did not sign the 7 day protection order my son, Caleb, would be placed into state custody. Since I did sign it saying I out Caleb in a domestic violence home but I denied all allegations is there anyway to fight of getting out. I was also ordered to get a DVP against Bj in the protection of me and Caleb. The magistrate denied it because we were never in any harm or threatened to be harmed. My boyfriend, who is also the father to my son, myself, and our son, Caleb, lived with his mother. It was by choice. They had got in an arguement and they both threw some kitchen utensils away. She filed domestic battery. They have absolutely no evidence only what she reported. The next day she decided to file another domestic assault charge that had taken place 14 days prior to that, again no evidence or a report were collected. He also has a felony charge of arson in the fourth degree supposedly setting fire to the porch but there are no burn marks there is no evidence. She lied about everything but that will be proved. She then turned me into to CPS stating my sons father had pushed into the bed in an arguement which never happened. She told the state police that it was her that was pushed on the bed she has been caught in one lie. Myself or Caleb were present when the arguments took place when she filed the charges. The police report also states that as well. He has never been exposed to any kind of domestic violence or any dangerous situation. Neither of us have ever been in trouble. We are not and will not be charged with child neglect it's only based on her say so. She has not been able to provide any evidence with this. CPS has also no provided any evidence other than what she has said. The 7 day protection plan has been lifted and Caleb is back in my custody. I have to have my own place and a safety plan and go to classes. I was told I could not have contact with during the protection plan and the. Told I could the day it ended. I did not sign or recieve any paperwork when they gave him back. There are no other protective orders ordering him he can't have contact. CPS now says we can't have any contact until they type up paperwork for supervised visitation for him but nowhere is it in writing that he can't. Caleb will be taken if there is contact. Is he legally allowed to see his son without supervised visitation? His release papers absolutely do not have our names mentioned in them. We do not have any charges against each other. They act like they are just now finding this out. Is there enough for them to leave us alone and call it a false accusation report.
Customer: replied 7 months ago.
I'm sorry I repeated the facts I do apologize I've read for hours on this. Can I fight the paper where I was forced to sign Caleb had been exposed to domestic violence. They have no proof and even caught the only caught the one where she placed Caleb at the scene she got caught lying in it. Is this enough to to open or close a case. She had to open a case because I have to do a safety plan. Can I ask to drop this issue they have no rights or what.
Customer: replied 7 months ago.
I just want our life back we are good parents with plenty of people willing to be a witness
Expert:  Samuel II replied 7 months ago.
Ok. I am trying to understand this. The Legal and Biological Father is not supposed to be around Caleb?
Expert:  Samuel II replied 7 months ago.
But because he is around Caleb, there is a problem with CPS and they are saying they will take him if the Father is around him?
Customer: replied 7 months ago.
They have changed it to neither one of us can have contact there is no protection plan, dvp orders or any other court orders, I have not received any paperwork saying he isn't allowed I was told Caleb has been placed back in our custody but they want supervised visitation for him.
Customer: replied 7 months ago.
Yes they will take him if he talks to or sees him
Customer: replied 7 months ago.
It's very confusing, literally every phone call I get they tell me the opposite of was allowed on the previous call.
Customer: replied 7 months ago.
I would much rather switch to a phone call but my debit and credit cards are froze up the "victim" has my mail which has my banking information and has changed my passwords and spent my money and it's the weekend so I have to resolve that issue tomorrow.
Expert:  Samuel II replied 7 months ago.
I don't participate in phone calls. However, at this time, it appears you have no options but to listen to CPS - You can request a hearing and ask them to provide evidence that the Father is not supposed to be around the child.
Customer: replied 7 months ago.
Ok is there any way to get out of what I signed they told me I had no choice.
Expert:  Samuel II replied 7 months ago.
Thanks. If you can prove that you signed under duress. That means that you had no choice but to sign. Then you can take the matter to court.
Expert:  Samuel II replied 7 months ago.
You can see if you can find a local attorney who would take your matter on a contingency to sue CPS because they forced you with the threat of taking Caleb. But I need to be honest, it is a hard win.
Customer: replied 7 months ago.
Based on no evidence are there any laws that can close the case?
Expert:  Samuel II replied 7 months ago.
HelloThank you.Here is a LINK to the W VA law that shows what should be happening. And so at this juncture, I suggest you can file a Petition with the court as per this statute and request the matter be dismissed and closed.
Expert:  Samuel II replied 7 months ago.
Unfortunately, I cannot locate such a Petition online and so you can check with the clerk of the Superior/Circuit court in your county and see if they have a form or ask they pull a Petition of this nature from another case that you can use as a sample and alter to your case for filing.

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