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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117369
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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This is one that was JUST given to me 10/31/16 from the

Customer Question

This is one that was JUST given to me 10/31/16 from the County of Los Angeles, DCFS. My fifteen year old daughter was living with me in Lancaster, CA up until 10/1/16. I need to speak to someone about it. My girlfriend has tried a couple of her attorney friends, but none in this are of expertise. My wife passed away 10/15. My daughter (the youngest of three) remained with me, as she is only 15 (will turn 16 November 10). She has been requesting to go on 'independent study' for several years and I stuck to my guns and kept her enrolled at Eastside High in Lancaster. The three of us were doing just great. But, I have two older daughters that moved out immediately upon turning 18. They both hate me, have always primarily because of what they were fed by their mother, I hate to say. The oldest is going to be 27 and has been wanting to see me 'go down' forever its seems. There is a lot more, but my girlfriend has used this site quite a few times and she has nothing but glowing recommendations, so I'm trying it now. My teen daughter is now residing with my mom and her eldest sister in Thousand Oaks, CA which is in Ventura County. I'm okay with our current arrangement and I see no reason to change it. She seems to be getting by there and that is where she wants to be. However, a social worker, Danielle Libby, insisted that I meet with her. I did not agree to doing so, but per my therapist's recommendation, invited her to my home. She became rude and attempting with all she had to have me sign docs that gave them the right to remove my daughter from my home, to search my home, look at the living conditions, etc. My oldest daughter and my middle daughter coerced my teen daughter to seek help from the high school counselor and she did. I was not even aware she could do so. I have gotten her to both a Psychiatrist & a Psychologist, the first every couple of months mainly for her medication refills and to her therapist once/week.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Because this chat popped up when I logged on, I typed my problem in. This is family law, I'm sure.
JA: Has anything been filed or reported?
Customer: First of all, they said they removed my daughter from my home in Los Angeles County, CA and they removed her custody from me, but granted temporary to my mother who resides in Thousand Oaks, CA which is Ventura County. They called me to go pick up (10/31) a letter which said they filed a petition in Dependency Court for my daughter to be removed from my custody. The court hearing is tomorrow at 8:30 AM. I am not prepared as I have never been through this before. I can tell you for FACT, that this allegation is 100% based on PURE HERESAY. How can they order removal based on heresay?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that sums most of it up?? Thank you so much.
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
THIS IS EXTREMELY URGENT THAT I RECEIVE AN ANSWER, ADVICE WITHIN THE NEXT HOUR. THIS HEARING IS SCHEDULED FOR TODAY, 1/3/16, AT 8:30 AM!!! We did speak with my girlfriends friend who is a very good/well known attorney and here is the advice she gave: "The king thing is for Patrick to talk about is the "no reasonable means to protect without removal"--if there is any reasonable thing they can do short of removal of the child (which they already did, her sister took it upon herself) the judge should deny the motion. It's their burden to show that removal is necessary and that other measures have failed." ALSO, VERY IMPORTANT - I can send copies of the docs I received if you would not mind directing me in how to do so. AND, I do not want either her sisters or my mom present at tomorrow's hearing, how can I do so? This is absolutely ridiculous for them to come in and attempt to make these orders to me, and my daughter does not reside with me. She is going toi finish high school in Ventura County, so they have ZERO rights to come to my home and make demands, I would think. This Danielles very young, I'm sure new to the department and she did IN FACT put in this order with NO CONCRETE EVIDENCE, also she DID NOT check anything further to even back these absurd allegations up. Pure HERESAY.
Expert:  Law Educator, Esq. replied 9 months 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.
These CPS social workers are the most incompetent and negligent individuals you will deal with. They bully parents and they use their own biased opinions to direct cases in the way they want them to go regardless of the facts and are known for making up evidence or twisting statements of parents to make them look guilty when they are not. The US Supreme Court has held the parent's right to their child is a civil right and that right shall not be disturbed unless there is a clear and convincing showing of the parent being unfit. See: Troxel v. Granville, 530 U.S. 57 (2000).
So you need to show the court that there is no clear and convincing evidence that you are unfit and as such child protection nor the court has any right to disturb your custody as the child is not even remotely in danger or being mistreated and there is no evidence proving such.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Customer: replied 9 months ago.
Nothing more you can give me? I'm sorry, but this is a first for me. Can I request a postponement because I have not even had a chance to retain an attorney? And I don't even know what the allegations are, as the social worker is clearing trying to get me for something that my two oldest daughters have said - HERESAY. She told me that pages 1 -6 I will receive. So I have no clue what the allegations are? What happened to innocent until proven guilty??
Customer: replied 9 months ago.
Can I send you the docsto look at?
Expert:  Law Educator, Esq. replied 9 months ago.

Thank you for your reply.

First off, we can only give you information based on the facts you provide us and the law. Second, we do not know what you specifically want to know unless you ask the questions.

You can indeed go to court and ask for time to obtain an attorney, but if they are going to try to remove the child, that is not going to stop the removal at that time.

These social workers, as I said, are grossly negligent and incompetent and they frequently go after parents based on baseless allegations. With child protection you are guilty if the social worker dislikes you for any reason. You absolutely need an attorney and while you do have to go to court today and there is a chance that the judge will not delay any removal until you get an attorney, you can ask the court to at least give you a chance for a rehearing on any removal when you get your attorney.

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