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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118689
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I was in family court in Nj. 2 days ago and waved my rights,

Customer Question

I was in family court in Nj. 2 days ago and waved my rights, and it was dropped from a title 9 to a title 30, now it's "just" a "family in need" long story short I feel as though I did nothing wrong(well very little a joint of marijuana) I feel as though definitely not enough to take him let alone to keep him since January 7th in foster care when they their self (dhs) said everything else is fine besides the hot urine for marijuana which is now clean. I want to retract my statement and "fight" the case and get my son home right now (I know that's impossible but as soon as possible). He is in foster care now and has been since January 7th and the reason is because I smoked marijuana my urine is now clean and has been for a month and a half. What should I do and how long do I have if I have any time to retract my statement about giving away my rights to fight it.? And what should I do in general any help is very appreciated. Thanks for your time.
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Dealing with child protection in court can be frustrating. DHS social workers are the most incompetent, negligent and abusive workers you will ever encounter I am afraid. They lie, they misrepresent facts and even fabricate evidence. If you are now clean, then the court should have returned the child to you when you went to family court and they moved it to a Title 30.
If you did not have an attorney at the time of this hearing you need to get one immediately, because this is the most important thing in your life you will fight for and dealing with DHS and their misrepresentations and conduct can be virtually impossible without one. You need to get an attorney also to go back to court to withdraw your waiver, since you did waive your rights and now you have to claim it was because you did not have proper legal advice. You have only 10 days to TRY to withdraw your waiver for good cause, so you need to find a new attorney to represent you Monday and move on this.
Also, you need to get into a continuing substance abuse program to show the court you are serious about staying clean to get your child back.