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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My husband and I have been fighting a lot of late due to high

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My husband and I have been fighting a lot of late due to high stress in the home due to death of father and other things. 3 years ago we had cps involved to due to fighting and I was charged with a misdemeanor we did everything that was asked and the case was closed. Over the last 6 months police have been called 3 times due to our fighting which was due to stress in marriage and drinking, no charges were ever filed. This latest incident I took some pills to get my husbands attention and we were both drinking, again no charges we filed. 3 days later a social went to my oldest daughters school and spoke with her, we did not know this till she told us. We also had a note that the cps worker came to our home and wished to meet with us, we called her back and left a message. What should we expect this time around? Should we get a lawyer?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Welcome,

My name is XXXXX XXXXX I will do whatever I can to answer your questions!

How old are your children? Do you know what your daughter was asked and what her responses were?
Customer: replied 4 years ago.
I have a 3 year old and 6 year old, she asked my 6 year old what she liked to do and her response was being with my family at the beach. Does your parents drink vodka or smoke she replied I don't know, also do they fight a lot and she said yes and she asked if we hit each other she said no this is to the best of my knowledge
Customer: replied 4 years ago.
Should we talk to her without a lawyer present

Hello Nicole,

You asked, "What should we expect this time around? Should we get a lawyer?"

Unfortunately child protective services is unpredictable, extremely powerful and subjective. Therefore I suggest that you retain local counsel.

Here is why.

A single CPS worker can remove your children from your home immediately if that single worker thinks that the children are in danger. Typically this would have already occurred if the worker misinterpreted your daughter's statements.

However you may or may not meet with the same caseworker that met with your daughter. These workers have a heavy caseload and oftentimes they will remove the children because they misunderstand or do not remove children who should be removed and the children harmed. There is simply no way to know how your CPS worker will react and therefore it is best to be overly cautious and retain counsel to handle all dealings with CPS

I would be glad to respond to any related follow-up questions that you may have.

Customer: replied 4 years ago.
So, if she felt my child was in harm she would have done it already and not asked to meet with us? I am unclear by what you mean.


I am happy to clarify. If the worker that met with your child believed that your children were in imminent danger, she would have removed your children immediately. However she is concerned enough to follow up by meeting with you. We don't know whether you shall be meeting with the same caseworker or a different caseworker or how reasonable the caseworker will be. For that reason I suggest that you retain counsel. Does this make sense to you
Customer: replied 4 years ago.
Yes thank you. Also does it make a difference that they were involved in our lives 3 years ago

If the caseworker is aware of the prior involvement, it is more likely that she will scrutinize the situation more thoroughly. Typically it would not be best for you to inform her of the prior involvement.

I would be glad to respond to any related follow-up questions that you may have.
Hello Nicole,


If the caseworker is aware of the prior involvement, it is more likely that she will scrutinize the situation more thoroughly. Typically it would not be best for you to inform her of the prior involvement.

I would be glad to respond to any related follow-up questions that you may have.
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