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dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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My husband I received a Petition for Emergency Relief ...

Resolved Question:

My husband I received a Petition for Emergency Relief from abuse that our daughter filed. She complained to the school that she felt unsafe at home and CYS let a school teacher take her to her home. Once we found this out we were devastated and drove by her home and found her sitting in the front yard with her teacher at which time she went into the home and the teacher approached us. We asked her why she took our daughter ect.... we never got out of our car or said anything threatening then left. The next thing we know we were served this petition. Now we have to appear in court. What rights do we have and how should we handle this as we do not want this on our record. Also CYS stated that my daughter and teacher may drop this. CYS said we may not even have to appear but we think we should.   Please help!!! Thank you!
Submitted: 9 years ago.
Category: Family Law
Expert:  dkennedy replied 9 years ago.


This could be potentially devastating for you both. Unfortunately teenagers figure out that if they complain about "being safe" that they can get someone to let them move out of your home. They think it will be better somewhere else. The teacher, however, had absolutely no right to get involved, except to notify the proper people.

By all means go to court, and at the very least, your daughter needs some sort of counseling so she can understand what she has done and how much trouble she has caused. She could do this over and over again, jeopardizing your jobs, and reputation.

Be careful what you say in court. Ask to have the court rescheduled if necessary to get an attorney.

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