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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118286
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have an open acs case against myself (a recovering addict)

Customer Question

I have an open acs case against myself (a recovering addict) and my fiance (Never had a drug problem) . Whenever we go to court ACS'S lawyer or the case worker herself gives the Judge either misleading information or outright wrong information (lies) I've noticed this during the 2 hearings myself and my husband were privy to be a part out.*****hearings 1 was done over the phone in which I as only called and added to the hearing towards the end and at least 3 of which took place in I guess what would be the judges "assistants"office, the lawyers would walk out and just tell us that our request was denied or that whatever we had done want good enough. The Last court date was to determine whether or not I could see my son who was removed (due to false information) and I was told that the 2 hair follicle tests I took (which were both negative (were no good) because they just came back sayimg negative and that they should Have came back positive for methadone program but that no one even knows if they tested for methadone which is bullshit because I have taken 5 already (all negative) and that wasnt an issue before but that they want me to now submit to a "alternate site " Hair follicle test and that I need to go for a psych evaluation now which if I was allowed at my court hearing could have told them that I already went (they sent me 3 weeks prior ) but I guess forgot and was deemed normal. As a result the hearing was adjourned till June 20th my son's 3rd birthday is ***** 21st and I will not be able to see him now for his birthday because of this nonsense and every time I have a hearing it's the same nonsense like I've just told you. My question is don't even have a right to be at my own hearing and also if the judges decision is based on wrong information is there anything I can do to have the order overturned because my legal aid attorney doesn't even return my phone calls
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year 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.
The ACS social workers are the most negligent and abusive individuals you will ever deal with. Them lying or fabricating evidence in court is very common. However, the only way to beat them is you have to go to court and bring your attorney to present your evidence in the court to show that the case worker is lying. You do have a legal right to appear in court to present your case, this is your due process right. If your legal aid attorney is not properly representing you, then you need to speak to his supervisor or you need to get a new attorney, because you are not only entitled to appear, but you have the right to present your evidence to refute the claims made by ACS in court.