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mmdesq, Family Law Attorney
Category: Family Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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If children were taken by DFPS on the 2nd of November from

Customer Question

If children were taken by DFPS on the 2nd of November from their school but the papers served were signed by district clerk on the 3rd does this mean that they took the kids before the court order went into effect? Does this give grounds for return of kids to mother?
Submitted: 1 year ago.
Category: Family Law
Expert:  mmdesq replied 1 year ago.

Good Afternoon,

I will try to best answer your question.

If it is an emergency situation the children can be taken into protective custody and then paperwork is filed with the court. Unfortunately, the fact that it was dated by the clerk one day after will not invalidate the removal. My suggestion will be to prepare to defend against whatever allegations caused the removal to occur. As part of the delinquency proceeding the parents are entitled to legal representation. Also depending on the allegation it may be easier to enter into a safety plan and resolve the issue rather than litigating in court. Unfortunately, your experience with Child Protective Services what caseworker are you happen to be assigned. If they are an egotistical jerk you will have a nightmare if they are reasonable you should work through them.