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What are the best steps to take when fighting CPS, Iam going…

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What are the best steps...
What are the best steps to take when fighting CPS, Iam going to court with them on tuesday, my children have not been taking
Submitted: 8 years ago.Category: Legal
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Answered in 2 minutes by:
6/27/2010
Lawyer: PlotinusLaw, Attorney replied 8 years ago
PlotinusLaw
PlotinusLaw, Attorney
Category: Legal
Satisfied Customers: 738
Experience: 14 years of experience in all areas of family law.
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Thank you for your question and for contacting just answer. I need to confirm a few things before I can help you. First, what state is the case proceeding in? Second, has protective services filed a case to terminate parental rights or simply to take temporary custody?

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Customer reply replied 8 years ago
In Washington, D.C, the jugde order a conditional release
Customer reply replied 8 years ago
What advice can you give me
Lawyer: PlotinusLaw, Attorney replied 8 years ago


Thank you for the additional information and for being patient. If they haven't taken your children, then the hearing coming up on Tuesday is to determine whether or not they have met the legal requirements in order to be able to do so. In the event that the court rules that they have, it will only be temporary and a permanent hearing will be scheduled several months from now. During that period of time, protective services is going to have a number of conditions that they are going to want you to meet, such as attending parenting classes, substance-abuse classes, supervised visitation; it all depends upon the facts of your case. The law in this area is designed to reunite the children with their parents. As long as you are meeting the conditions that protective services has been able to incorporate into a court order, the chances of your parental rights being terminated at the formal hearing are remote.

Having said all that, I highly recommend that you retain an attorney if you can. If you cannot afford an attorney, the court may be able to appoint an for you if you meet the conditions of indigency. From a procedural point of view, if you have not done so already, an answer to the petition for temporary placement needs to be filed, as soon as possible. In terms of actively litigating the case, the first motion you should file is a motion for return of the children and termination of whatever order is entered on Tuesday if the Court grants protective services request for temporary placement. If the court entered an order for temporary placement, your next motion should be that the children are placed with a member of your family. This is a request that you can make verbally in open court.

I hope that you have found this information helpful. If there is something that I have not explained clearly, or, if you are dissatisfied with the answer, please don't hesitate to ask a follow-up question. Also, please remember to click on the green "accept" button so that I may receive credit for this answer as well as any comments or feedback you may have. Your question will not close, and you will still have the opportunity to follow-up if needed. I wish you the best of luck in pursuing your case.

This is information only, not legal advice. No attorney-client relationship has been created. Please consult an attorney in your state for legal advice regarding your matter.
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