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Can a closed C.P.S. case be subpoenaed without my knowledge…

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Can a closed C.P.S...

Can a closed C.P.S. case be subpoenaed without my knowledge if I was the one that was investigated in the case, and if it can be, then would the lawyer do it without being retained first. C.P.S. found nothing wrong within my home and never took my kids out the home-- ex-husband game. I was found neglectful though, not because I did anything wrong, but because when they did their investigation it backfired on my ex- husband and they found his home to be unsafe. C.P.S. Told me that I needed to legally file a case against my eX-husband to prevent him from being with the children alone due to the un-safe environment. I refused to do so because he was already on his death bed and I could restrain my kids on my own and I was not going to put my kids through that kind of hell just so that he could die in the end.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the subpoena was issued in?

South Carolina. The situation is this.... after the case was over my youngest daughter Sarah was having too much stress and asked if she could spend some time with my sister and brother-in-law in SC. We are all very close and I saw no problem, however, it got to a point where Sarah did not want to come home. She was in a stress free environment because my daughter does not want to come home to live-- still very loving relationship, just likes it there and wants to stay. No matter how many times I have said no, send her home they have not with the claim that they can't force her to because she is so stubborn and said she will not get on a plane period. Today my sister came to me and said that her husband many months ago talked to a lawyer not to take me to court but just to gain knowledge because my daughter told him she didn't want to come home and would file for emancipation if I didn't give her her way. According to my sister her husband told her that the lawyer subpoenaed my CPS records and the lawyer told him that him and his wife could get in significant trouble if they sent her back to me which my sister believed as she was not there during his meeting with the lawyer. I believe my brother in law is lying because he wants my daughter to stay even though I have said no several times.

Lawyer's Assistant: Have you talked to a lawyer yet?

No. She just told me this this morning. My sister and I are very close. I want to find out if he is telling her lies just to keep my daughter there, but I don't want to put her in the middle yet again.

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

It's very important that I know if he hired the lawyer for my daughter behind my sisters back and if he is lying about a subpoena ever really been done as my sister has never even seen the subpoena herself.

Submitted: 8 months ago.Category: Legal
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Answered in 11 minutes by:
12/3/2017
Lawyer: INFOLAWYER, Attorney replied 8 months ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,602
Experience: Licensed attorney helping individuals and businesses
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A subpoena can normally only issue from a pending open matter. When that happens you would and should get notice.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Lawyer: INFOLAWYER, Attorney replied 8 months ago

awaiting your reply. feel free to follow up.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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