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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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I live in Arkansas and have full custody of my daughter. While

Customer Question

I live in Arkansas and have full custody of my daughter. While she was visiting her mother and half brother at their home she was struck by her 14 year old brother who was subsequently arrested. I was contacted by department of human services and asked to allow my child to be interviewed and my home inspected. I refused because I wasnt there and my daughter should not be questioned further in my opinion. I was served an order of investigation. What are my options? I do not want government agents in my home and I have done nothing wrong except to refuse to cooperate.
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your with your concerns. If I may ask, other than your desire to refuse, is there any reason for you to be concerned with the home inspection? Have you retained counsel, as yet? How badly or lightly injured was the child?
Customer: replied 2 years ago.

The child has sustained no visible injuries. There are no reasons to object to an inspection other than 4th amendment rights assertions. I have not retained counsel but I'm shopping for one to protect my constitutional rights and perhaps pursue litigation for emotional distress.

Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, I can understand your position. As far as options, are you going to cooperate with the state, or are you seeking to not cooperate?
Customer: replied 2 years ago.

I see no reason to willingly cooperate with an investigation of a relatively minor incident that occurred over 70 days ago especially when the agency is this aggressive in its demands. I seek 4th amendment protection for unwarranted search and seizure.

Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, I do apologize but while you have the right to do so, it would be highly unwise. Since there was some manner of injury and CPS is put in place to ensure that the child's best interest is being met, not cooperating can get them to draft reports that disfavor you and then use those reports to declare you unfit and to take the child away. I do say this lightly, even other attorneys who deal with CPS generally lawyer up because when they become over-zealous or intentionally decide to have someone in their sights, they tend to make life extremely miserable for all concerns. Instead, cooperation (but in limited scope) can be seen as wise purely because if you are not there, they can assume or report on issues that are not taking place. So if you are going to claim 4th amendment rights, lawyer up. Sincerely, ***** *****

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