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The issue is regarding my daughter. Well my mom is very

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Hello my name is...

Hello my name is ***** ***** the issue is regarding my daughter.

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

Well my mom is very upset with me and threatening to call CPS because one time I let my daughter play outside in our fenced yard and I was watching through the window but not physically outside with her. She claims this is neglect.

Submitted: 2 years ago.Category: Family Law
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Answered in 52 minutes by:
3/4/2016
Family Lawyer: JD 1992, Lawyer replied 2 years ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Is there a specific question with which I could assist?

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Customer reply replied 2 years ago
I guess my question is who is in the right
Family Lawyer: JD 1992, Lawyer replied 2 years ago

How old is your daughter?

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Customer reply replied 2 years ago
She is two. And like I said I was watching at the door and this whole thing lasted about two minutes.
Family Lawyer: JD 1992, Lawyer replied 2 years ago

Whether it is neglect or not depends on a lot of factors, like whether your yard is fenced, if there are any animals in it, etc. As an example, if you had left a two year old alone in the an unfenced yard with a busy street running alongside it or with a pit bull in the yard with the child then that might be neglect whereas if the yard was fenced and it was just a grass covered lawn it likely wouldn't be.

Two years old is usually a little young to be outside alone but if you were watching from the window that is different than just leaving them outside alone. Even if she does report you to CPS I doubt they would do anything unless it is somehow extra dangerous as I described above.

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Customer reply replied 2 years ago
The yard has a big fence around it and the dogs were inside at the time. I appreciate your help.
Family Lawyer: JD 1992, Lawyer replied 2 years ago

You're very welcome.

Neglect is very fact intensive as far as CPS is concerned. What is neglect in some cases would not be with a small change in facts. I think that, based on what you've said, it's unlikely it would be considered neglect.

You do want to be careful when dealing with them since some of the CPS workers are a little overzealous.

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Customer reply replied 2 years ago
Is there anything I can do to protect myself and my daughter?
Family Lawyer: JD 1992, Lawyer replied 2 years ago

No, not really. You could hire a lawyer to send your mother a cease and desist letter and then, of course, don't do anything that your mother finds objectionable but that is losing a lot of your rights as a parent. You could also call and talk to CPS and see if they have a problem with it.

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Customer reply replied 2 years ago
I appreciate your help so much. This has been super stressful as you can imagine.
Family Lawyer: JD 1992, Lawyer replied 2 years ago

You're very welcome.

Yes, I've helped a large number of people over the years dealing with similar situations and it is always stressful for them.

Best wishes to you and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I receive credit for my work.

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Category: Family Law
Satisfied Customers: 34,389
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