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My chidren were taken by cps and my partner and i cant get a…

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My chidren were taken...

My chidren were taken by cps and my partner and i cant get a lawyer or court date before the 11th of jan 2018 and according to the cps handout we are supposed to get a court date within 14 days is there anything we can do

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

We filed an answer to the petition for removal and don't feel like we are getting any answers from cps and have been all but 1 visit for 1 hour per week and legal aid has denied us based on they don't take that kind of case we have went as far up as our caseworkers supervisor and still aren't getting any answers

Lawyer's Assistant: Family law varies by state. What state are you in?

Texas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We had been looking for assistance to help with our oldest childs behaviors due to his diagnosis of adhd autism odd ptsd pica and bipolar and they used this as an excuse to get in our home

Submitted: 6 months ago.Category: Family Law
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Answered in 2 hours by:
12/21/2017
Family Lawyer: Sue, Family Law Attorney replied 6 months ago
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 564
Experience: Family Law litigator for over 35 years
Verified

Hello, I’m here to help you today. I'm a licensed attorney with over 35 years’ experience in family law. I'll review your question and be right back.

Sue

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Family Lawyer: Sue, Family Law Attorney replied 6 months ago

This is general information and not legal advice. No attorney-client relationship is formed. This is for educational purposes only.

There are a couple of things you can try.

You can continue on up the CPS chain of command. If you do this, my suggestion is to make your opening brief and concise, for instance, "Our children were removed on X date and the CPS handout says we are entitled to a hearing within 14 days of removal. Can you help us get a hearing within the 14 days? Also, our children are only getting to see us one hour a week, can you help our children see us more?"

If CPS can't accommodate both of you, can one of you visit more often, may be a good question.

You can propose visit supervisors, perhaps someone in your family or trusted friends who will pass muster when CPS interviews them and runs background checks.

Sometimes hard nosed CPS workers do get sentimental about Christmas, so you've got that on your side.

Secondly, some court systems have court officers or some other kind of personnel assigned to assist the judges with CPS cases. You can call the family court and ask to speak to the staff member who deals with CPS cases, and put the issues to him/her - the 14 day hearing rule and only seeing your children for an hour a week (which is way too little for any age child).

As you may know, CPS deadlines are set by statute, so are supposed to be hard and fast.

In all of your dealings with CPS and the court, my suggestions, as hard as it will be, is to keep emotion out of your verbal presentation, stick to the facts, and continue to advocate for your rights as parents.

Is this helpful?

Sue

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