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Last week my 10 day old daughter had a fall. She fell out of

HiLast week my 10 day old daughter had a fall. She fell out of my hand as I was going to get her a bottle. My wife and I immediately took her to the hospital. They found two fractures on her skull and she was hospitalized for three days. During our time at the hospital we were contacted by child protective services. We told them what happened and gave them information such as criminal background. My wife has a clean record and I have a DUI and misdemeanor cannabis charge, both from over five years ago. I also submitted a urinary analysis. I was asked if anything would show up and I told them possibly cannabis but probably not. They asked when was the last time i used cannabis and how often I do. I told them about two weeks ago and that I consume cannabis a few times a month (I live in Washington state where recreational use is legal). They asked me about my alcohol use and I told them I drink once or twice a week and a six pack or less. they asked me if i have ever had dependency issues or have been committed to rehab, I said no. They asked all of the same questions for my wife and she said no to all. She is currently active duty Air Force and we love on a military base. We both submitted to background checks. We also allowed them a walk through of our house which was found to be properly suited for a child and no issues. When it came time to be medically discharged from the hospital CPS put a 72 hour administrative hold on hour child, meaning she could not leave the hospital pending the house walk through and a family safety planning meeting in which we sit down with the case worker and her supervisor and discuss what happened again as well as in home services. It was also pending a medcon, which is an analysis by a third party doctor through the cps agency of my child's injuries to ensure the explanation of the accident was plausible according to her injuries. That doctor confirmed that everything looked plausible. Also two other doctors from the hospital confirmed it to be plausible. when we had the meeting the cps supervisor was very condescending and treated me as a criminal with no respect. They recommended an in home service which would require someone to come to our house once a week for 14 weeks.This is a description of the service that they provided to us:PFR is a hands-on therapeutic parenting intervention that is based on attachment theory for children from birth to three years of age. The program emphasizes that what young children need most is a caregiver who is nurturing, sensitive a, and representative of a child's needs. Promoting First Relationships uses strength based verbal feedback to help caregivers learn about child development. In addition, the caregiver and therapist use reflective practice to engage the caregiver in a dialogue that promotes the caregiver's understanding of their own emotions and needs, and the emotions of the child. Caregivers will gain the capacity to see the world through their children's eyes, identify their child feelings and needs, and how to meet those needs in a sensitive and responsive way. The service includes videotaping the parent and child.I told the supervisor that I did not feel the service would be neccessary and that we had plenty of resources through the military including parenting classes and agencies for helping families. This is when they became very rude. they said that i wasnt taking the situation seriously. then they said that during the 14 weeks they would be sending someone from cps to our house monthly for health and safety check. they also said i would need to submit to random urinary analysis for a month and that I would need to submit another sample after the meeting, which I did. None of this stuff was court ordered. After trying to refuse and getting forcible push back we reluctantly agreed because we did not want hem to keep the hold on our child. After the meeting we were finally able to bring our child home. She was recovered from her injuries and we are all doing well.So, finally my question is that do we have the right to still refuse the services, the random urinary analysis, and the monthly visits. And, if we do, what action can CPS take.

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

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I am a retired RN who became a family court mediator and

I am a retired RN who became a family court mediator and work monthly in the 13th District Court, Valencia County New Mexico. for the past three years. I am thinking of moving from New Mexico to the Bay area of California to be near my daughters. I amwondering if both Monterey and Santa Cruz Counties use Family Court mediators, and if so do you think California would require additional training? I have Certification in New Mexico. Thank You.

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LegalGems

Juris Doctorate

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I have to go give a disposition support due to a request. Me

I have to go give a disposition for child support due to a request for modification. Me and the mother were never married, so all that's involved is support for 2 kids. I am not delinquent, however she has asked for an increase.What happens in a modification hearing? What can I expect and what will I have to present. I have an attorney, however I would like to be as informed as possible. This is not through child support agency , but through family court.

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Lucy, Esq.

Juris Doctor

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Can a judge order parenting time to father if we have a

Can a judge order parenting time to father if we have a consent order agreeing that father would forfeit his visits if he violated the consent order and father violated it in five ways? We had conflicting certifications and never even had a hearing regardingthe violations. The judge simply stated that father has a constitutional right to parenting time. Therefore father got six weeks in three months and continued to violate the consent order. Now I have more problems with my son. Father is pressing for more visitsand i refuse to agree to any unsupervised visits and we are back at square one. So when this goes back to the judge I need to know if there are any options available ? Thank you

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Steven K.

Doctoral Degree

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I had a 2 dfcs cases opened and closed within the last 6

I had a 2 dfcs cases opened and closed within the last 6 months concerning my son Brandon. The first was opened when the school called to report "medical neglect" due to my son not having his full dose of adhd medication for the month (pharmacy only gave us one of the two bottles (morning and afternoons doses) and I couldn't get the issue resolved, leaving us with only his afternoon medication for the month) This was quickly unsubstantiated within the one visit as 1. He was taking both morning and afternoon doses again by the time they came out. 2. He has been taking morning and afternoon doses without issue for 2+ years. (With the exception of once having a week lapse when the pharmacy was "out" of his medication and getting an order in took longer than anticipated. 3. I had further proof that I was previous to any said "medical neglect" working to get him into a more comprehensive program that does more than simply medication management (CBT, Counseling, medication management, and some neuro feedback something or another) and was able to provide a copy of the faxed enrollment forms sent shortly before this began. ' As such, the case was quickly unsubstantiated and closed. Case # ***** My son Brandon (8) lives with me FT, and I have another son (Matt 11) who lives in another state and is with me PT to include Summers, Winter Breaks, and Spring Breaks. While Matt was visiting over Christmas break. On New Years Eve to be precise, I went to check on my boys while they were playing video games in the game room. The door was closed (unusual), and when I walked in Brandon (8) was standing in the middle of the room looking like a deer in headlights. I figured they maybe snuck food into there (suppose to stay in kitchen with food) or were up to something similar based on the look he had and the closed door, so I asked him "What's going on in here?" He said they were playing hide and seek. I asked where his brother was (couldn't see him, and its literally a 12*12 room, and he pointed to the couch which was pulled out from the wall some. I went to look behind there and Matt was sitting behind there covered with a blanket. I told him "I don't mind if ya'll play hide and seek, but you don't need to be rearranging the furniture in the process, now come on out, let's put the couch back where it's suppose to be and go eat dinner." When I went to grab his hand to help him up he resisted. So I said"Come on Matt, playtimes over, it's time to put things away and eat. I grabbed the blanket intent on folding it and getting things situated before we went and ate, and that's when I noticed that Matthew had his pants around his ankles. So, I asked the boys what was going on and it came out that they were touching each other inappropriately. I then decided to make a police report, mainly so I could reinforce, as a long distance parent, getting Matthew proper counseling. I wanted something to ensure that I could force my hand on that issue of need be since I am not with him fulltime. Being that it was in the evening on New Year's Eve, Matt's flight home was the next day, and the police aren't allowed to do the actual investigating we had to wait 3-4 hours (calling different departments and supervisors to acquire a worker to come out on the evening of a Holiday), so around 10 pm or so we finally got a worker out here. We made a safety plan for the evening (Matthew sleeping in our room), and were all interviewed. I took Brandon in for a forensic interview at a later date, he didn't really say much of anything about it. (I think he felt he was gonna get his brother in a lot of trouble and clammed up). I set up counseling at the same place we did the forensic interview and he goes there weekly, in addition a worker of some kind was there and she let me know that she spoke with Child Protection in my son's home state so they can follow up there. Never spoke with a worker again. Then on 02/16/15 I received a letter stating that a charge against me for inadequate supervision is unsubstantiated and did not contribute to the problem and said "as a result of the case determination the following actions will be taken : No further services will be provided. Fast forward to March now, and I get a call from someone at Social Empowerment Group claiming to be my parent aide that I am suppose to meet with weekly through May via a referral from and contracting with Child Protection. No one from CPS told me about this, nor do I feel its warranted as both of my children are receiving weekly counseling, I speak with the counselor also and receive ongoing guidance in that capacity, I have a plan for prevention (Never allowed in a room alone and at night using contact alarm on outside of door preventing awareness without restriction), I've taken parenting classes in the past (as part of a job search program, daycare assist. req.), and I've taken child development classes in college. What's going on and what are my rights?

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Michael J, Esq.

Solo Practicioner

Doctoral Degree

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I believe that I may be the father of a six year old male child.

I believe that I may be the father of a six year old male child. I've found out from my own discovery at our local court that the child in question is in the custody of the presumed father. The child was born during a marriage. I did have a relationship with the child's mother during her marriage.What I'm wanting to know is that if I petition the courts for a paternity test for the child in question, if I'm determined to be the biological father, can I request and have a strong chance for obtaining full custody of child in question?According to court documents the father has custody of all five children and the mother is paying child support.You may need more details, but for a foundation to the question at hand.Thank You Sir!!!

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Seattle Scott

Private practice attorney

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I have a 13 year old son who loves to play baseball. Me and

I have a 13 year old son who loves to play baseball. Me and his dad are divorced with me having full custody of both of our sons. My son wants to play for a particular baseball team this fall and hopefully next summer. My question is his dad said he wasn't going to let him play for that team. He has visitation every other weekend with me full custody. Is it possible for my son to not go to his dads and stay with me if they are playing baseball that weekend. His dad is selfish and only thinks of himself and not the kids. What are my sons rights. He has a chance to play college ball at some level if he can keep playing.

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

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Is there such thing as a professional negotiator (like the

Is there such thing as a professional negotiator (like the kind sent into hostage situations) that I can hire to speak with opposing party's lawyer in a custody and visitation case?

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Steven K.

Doctoral Degree

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I have a trial hearing for primary custody of three children.

I have a trial hearing for primary custody of three children. Some of my witnesses were unable to appear in court. Can their declarations be used in lieu of their live testimony.?

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Brandon M.

Attorney at Law

Juris Doctorate

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