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CalAttorney2
CalAttorney2, Attorney
Category: Family Law
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Experience:  Civil litigation attorney for individuals and businesses.
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Esq: If my 6 child is on vacation out of state with grand

Customer Question

For William b. Esq: If my 6 child is on vacation out of state with grand parents and a cps representative gets a warrant. What do I do. The judges are on vacation this week coming and so did the local lawyers. I can't retain a lawyer any earlier than 7/11. I am tryn to buy time until Then !!! Can I legally make it happen?
Submitted: 11 months ago.
Category: Family Law
Expert:  CalAttorney2 replied 11 months ago.

Keep in mind, CPS does not get warrants, law enforcement departments do (police or sheriff).

If a law enforcement agency were to obtain a warrant, they could execute that warrant - the scope of that warrant would depend on the exact terms of whatever order the judge was actually willing to issue.

I don't know all of the terms of your case (and we cannot provide formal or individual legal advice here), but in general, these orders do not provide for interstate enforcement.

If your child is currently vacationing over the holiday weekend with grandparents this is going to be difficult for a CPS worker to claim you are "secreting" the child. But again, keep in mind, you are not required to speak with these individuals, and you are not required to permit them into your home.

You do have a 5th Amendment right against self incrimination, and you have been willing to set an appointment to meet with them with your attorney present. Beyond that there really isn't much more to provide.

A law enforcement officer may ask about the whereabouts of the child to confirm welfare, but that is going to be limited to confirming that the child is with grandparents and is safe.

Customer: replied 11 months ago.
You have been very helpful! Definitely 5 star
Expert:  CalAttorney2 replied 11 months ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service (the series of 5 stars next to the chat window) so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill

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