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Recent Child Protective Services questions

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 went out of the country weeks travel. I informed the Dad

Hello, I went out of the country for 2 weeks for international travel. I informed the Dad and our Son's Minor's Counsel but both claim that proper notice was not given. So the Minor's Counsel filed an emergency motion asking Court that a) I return immediately, b) Father to have temporary physical custody until the next court hearing date which is on 6/26.I returned. We already have a custody plan in place. On 6/26, will the original custody orders remain or do I have to fight for custody all over again?

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My wife and I are currently separated and she has left the

My wife and I are currently separated and she has left the marital home (6.28.16) and has yet to inform me where my child resides at night. She filed an EPO and PPO against me and during the court hearing (7.19.16), the judge dismissed her claims. Since the hearing she has made it challenging for me to see our daughter and refuses to see me on a daily basis. She disconnected the phone and disallowed contact with my daughter, until I secured a prepaid line. Am I able to petition the court for a restraining order against her for emotional abuse? She suffers from diagnosed manic depression and anxiety and I am concerned with the safety of our child.

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Lucy, Esq.

Juris Doctor

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My brother has undiagnosed mental disorders - bipolar, ADHD,

My brother has undiagnosed mental disorders - bipolar, ADHD, and, in my opinion, antisocial personality disorder with extreme narcissism. He has always been mentally unstable and a social outcast. He's admitted to me recently that he's used LSD for over 20 years and does not plan to ever stop. He also abuses alcohol and no doubt other illegal drugs.His wife died a couple years ago, and he's now the sole parent raising two young daughters (8 and 9). The girls have told me about physical abuse (hitting, verbal). The girls told me that their grandmother (my brother's deceased wife's mother) has recently called CPS, and they interviewed the children and my brother. I've been wanting to call CPS for a while but know they don't always do the right thing.My brother is a compulsive liar and can put on his "normal" hat to fool most people. Without documented proof of his mental instability, I'm afraid CPS won't do anything. I've been afraid to call CPS because, one, they probably wouldn't do anything but interview my brother and, two, they would tell him I'm the one who called. And if he knew I called, he would never let me see the girls again. That is exactly what happened with their grandmother. He found out she called CPS and won't let her see the girls anymore.I don't know what to do. Do I get a lawyer and fight for custody? We don't have a lot of money to spend on a lawyer. But I have zero doubt my husband and I can provide a much more stable, loving environment than my brother. Do I just call CPS, give them what information I know (drugs, abuse, etc.) and hope they do more than just interview him? Do I call some mental institute and suggest he be committed/treated?Since his wife died, he's had several people move in and move out of their house, which is in one of the worst neighborhoods in Oakland, California. He's dated and moved in girlfriends (one was a transgender who ended up being very violent and had to have the cops called on her more than once). He's moved in his drug dealer (who's currently living there now).Please help.

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Alex J. Esq.

Managing Attorney

Doctoral Degree

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MY HUSBAND IS NOT THE BIOLOGICAL FATHER (LOW SPERM COUNT AT

MY HUSBAND IS NOT THE BIOLOGICAL FATHER (LOW SPERM COUNT AT THE TIME) BUT WAS MARRIED TO THE MOTHER WHEN THEY WERE BORN (USED DONOR SPERM),THEY WERE MARRIED 15 YEARS, NOW DIVORCED FOR 5 YRS AND SHE IS ONCE AGAIN CAUSING PROBLEMS, MANIPULATING THE KIDS TO NOT WANT TO BE WITH US AND INTEROGATING THE ELDEST (7) TO TELL HER EVERYTHING THAT HAPPENS IN OUR HOME, WE HAVE NO PRIVACY, ITS BECOMMING A REAL PROBLEM, WE WANT TOT HAVE KIDS BUT WOULD LIKE TO CLEAR UP THIS NIGHTMARE WITH THE KIDS FIRST BEFORE WE BECOME PREGNANT. WE LIVE IN FLORIDA, DOES HE HAVE TO PAY CHILD SUPPORT IF HE IS NOT THE BIOLOGICAL FATHER SHOULD WE HAVE NO OTHER CHOICE BUT GIVE UP OUR 50/50 TIME SHARED? THE X LIVES WITH HER FATHER MOST OF THE YEAR AND THE FATHER TAKES CARE OF THE KIDS BECAUSE SHE IS AND HAS BEEN FOR YEARS SELF MEDICATING WITH ZANAX, THE FATHER ABUSED HER WHEN SHE WAS LITTLE (SHOWING HER PORNOGRAPHY), SHE ALSO MANIPULATES THE KIDS TELLING THEM NOT TO LISTEN TO ME (STEP MOTHER) BECAUSE I AM NOT BLOOD RELATED AND THAT THEY DONT HAVE TO LOVE ME AND TELLING THE GIRL (7) SHE HAS TO LOVE HER MORE THAN HER FATHER BECAUSE WHEN SHE WAS 7 YRS OLD SHE LOVED HER MOTHER MORE THAN HER FATHER SHE ALSO MENTALLY ABUSES THEM, TELLING THE BOY (5) THAT HE HAS A BIG HEAD AND THAT HE IS BAT SHIT CRAZY, THE GIRL (7) HAS A BROBLEM WITH HER STOMACH, SHE NEEDS TO SEE A GASTRO AND A SHRINK (ORDERED BY THE PEDIATRICIAN) BECAUSE THE MOTHER PROHIBITS HER TO EAT ANYTHING FATTENING AND TELLS HER THAT IF SHE EATS BREAD AND BUTTER SHE ILL GET FAT, DOESNOT TAKE HER TO DR. APPT, DOESNOT MAKE SURE SHE TAKES HER MEDICATION FOR HER STOMACH AND SO ON WHAT CAN WE DO?

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Olivia Kent

Managing Partner

Law

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I am fearful of retribution by my son's dad who has primary

I am fearful of retribution by my son's dad who has primary custody when we tell him I want to take our son back to our hometown

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Taylor

Attorney

Juris Doctor

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My ex husband molested my 10 year old cousin. She came

My ex husband molested my 10 year old cousin. She came forward after I announced to my family I was divorcing him. I have full custody of my two year old daughter and he has visitation rights. State police had true findings and he appealed and won because dhs didn't have testimony from my cousins counselor and he also lied in court and said we made it up due to custody issues. He's not even seen my daughter in 6 months. We have proof he lied and that he did know about the accusations before court. He even offered to sign his rights away if we'd leave him alone. He had restricted visitation because of the investigation and through a loop hole in my divorce degree he now has standard visitation rights because of the unsubstantiated finding. Can I have his rights removed? This is very scary and I'm terrified for my two year old daughter. She isn't old enough to know to tell or understand any of this. Him and his family have harassed the little girl that came forward. Our family is hurting and we want both of the girls safe.

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NYFamilyLawyer

Licensed Attorney for 36 years

JD

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If my daughter's father is not mentioned on the birth

If my daughter's father is not mentioned on the birth certificate and has never established parentage, and yet I know that he is certainly her father and that my daughter and her father have a established an occasional father daughter relationship when he calls to see her every 3 months or so, could I have any legal problems for myself by moving my daughter out of state ?Also can a grandfather establish parentage by estoppel?

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FamilyLaw-Expert

Senior Counsel

Doctoral Degree

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My two kids were taken from me and will not tell me where

My two kids were taken from me and will not tell me where they are. What rights do I have. I am not there biological father, however, the bothe of them love me and call me Dad. The only document I have is a power of attorney signed by there mother. This was done so if there mother was tending to her own mother who is dying. Does that document have any power?

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FamilyAnswer

Juris Doctor

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