IS CPS GOING TO KIDNAP MY CHILD?

Are you going through an investigation now? Tell your story and get feedback here.

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Emily_Rugburn
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IS CPS GOING TO KIDNAP MY CHILD?

Postby Emily_Rugburn » Mon Mar 29, 2010 4:34 pm

I have deleted the first post of this thread. If you do not already know the story, I'm sorry.
Last edited by Emily_Rugburn on Sat Apr 10, 2010 7:34 am, edited 1 time in total.

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Dazeemay
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Postby Dazeemay » Mon Mar 29, 2010 5:02 pm

Go to this link and read about drugs and drug testing. If you were on any medication it will give you a positive for drugs.

http://fightcps.com/forum/viewtopic.php?t=4351

They have no grounds to take your child but, that doesn't matter they will keep on trying to do it anyway.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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Dazeemay
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Postby Dazeemay » Mon Mar 29, 2010 5:11 pm

If your state laws for recording her calls is legal then do it. Take videos of her or pictures of her car sitting outside of your home.
Get her license plate in the picture if you can.

Keep on reading.

http://nhdcyf.info/first_contact.html
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

Momoffor
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Postby Momoffor » Tue Mar 30, 2010 12:27 am

What was the reason that they 'detained' your son to begin with? Or their version or the reason?

What was the safety plan about?

How were they able to go and detain you in the middle of the road not even knowing who you were or anything about you?

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Emily_Rugburn
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Postby Emily_Rugburn » Tue Mar 30, 2010 7:23 am

There is no reason for them to detain him in the first place. I believe that they didn't like my attitude towards them trying to harass us. I did not verbally assault any of them, I just stated clearly that this has nothing to do with us and we are leaving. Maybe they thought I had something to hide because I didn't want them in my life. Who would? They are the worst organization in this country, of course I do not want them in my life! I don't really know what they plan to say is the reason. I have not yet gotten a copy of their report. I actually plan to go get one today.

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Postby Momoffor » Tue Mar 30, 2010 11:33 pm

what did the safety plan? Typically it will say 'something' as being part of the plan. Unless they just gave a blanket saying like you will keep the child safe, but didnt state from what ect. ?

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Emily_Rugburn
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Postby Emily_Rugburn » Wed Mar 31, 2010 10:57 am

The safety plan stated that I was not to be in contact with my child unless supervised by my mother. It said violation will result it legal action and removal of the child. This was deliberately made so that we would violate it, because they knew that my son and I live with my mother, so it would be impossible for my mother to be in the room with us at all times. What about when I put my son to bed and read him a story? Is my mother supposed to sit in the room too? What about when I give him a bath? What about when he sneaks into my room in the middle of the night and gets in my bed? He does it all the time... Any of these things would be in violation. And when I asked our caseworker to explain it to me, she refused. I asked her, am I allowed to take my son to ride his bike? I'm I allowed to be in a room alone with him? she wouldn't answer. She just said, any contact must be supervised by my mother. This is so stupid! What did they think would happen if I'm alone with my child? I've been alone with him millions of times during his life, including right after he was born, when his daddy was deployed to iraq for a year. I raised him by myself in fort hood for a whole year. Who are they to say I'm unfit? My son has never been harmed while in my care.

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Postby Momoffor » Wed Mar 31, 2010 12:01 pm

Let me rephrase it,

What are the 'allegations' that they were investigating to begin with? They 'removed' your child from you in the middle of the road, what was the reason they gave for that 'removal' or involvement?

I think that you said you are in texas. Michael, who is a poster on the boards, is in texas, and he may give insight as to what Texas rules and regs concerning your matter. However, I havent seen him around in awhile.

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Emily_Rugburn
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Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby Emily_Rugburn » Sat Apr 03, 2010 7:10 am

what I'm trying to say is that they did not give a reason to remove my child in the first place. They did not have a reason, and I believe that they only did it because they did not like my attitude towards them. They were spiteful brats like those bullies in highschool. Like the one's that come up and say "I heard you called me a bitch" just to get a fight started. They were obviously very snooty and perhaps prejudged me because of the area I live in, which is not poor, just very country. They probably judged me for my thick southern accent, or the fact that I refused to talk to them. I don't know, but none of their reasons were legitimate reasons to do what they did. I'm sure when I get the copy of their report that there will be FALSE reasons.

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Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby LindaJM » Sat Apr 03, 2010 2:08 pm

Probably it was your reaction - that you wanted to get away so quickly. That probably made the woman think you had something to hide, and she's trying to keep an eye on you because of it. The fact that she's not taking it to court makes it hard for you to get her to lay off.

If possible, hire a lawyer, which might frighten her off. Make her go through the lawyer to talk to you. Perhaps the lawyer will want to write her a letter informing her that your rights are being violated. That would put her on notice that if she wants to mess with you, you've got a lawyer in your corner already.

This may seem like a needless expense but believe me, the expense is nothing when compared to the pain of a CPS case! A few hundred dollars of insurance against these people before a case gets started... that is a priceless treasure!

It is often better to get a family law attorney from outside your county... one that won't be in cahoots with the local judges, CPS, etc... unless you are blessed by living near a lawyer with a track record of fighting CPS.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby Emily_Rugburn » Sat Apr 03, 2010 7:28 pm

I'm positive that it was my reaction that got her to want to investigate me. How could she not understand that CPS is scary and no parent wants to participate in their "services". She must not be a mother... Or maybe she has worked as a CPS agent long enough to have been corrupted or maybe she really is all about money and just targets any child she sees. The only thing she has against me is the drug test, but I have multiple things against the CPS... All of the violations of my rights. I live an hour from xxxxx, which is a huge city, and my sister and exhusband both live in there. I have been thinking maybe I would go live with one of them, and of course take my child with me. Then maybe they would transfer the investigation to the xxxx CPS, which I think would be better because there are so many people there that maybe they have better things to do then worry about a mother that tested positive for marijuana one time. They could test me now and it would come out clean, so maybe they would just drop the case, because it's a waste of their time. xxxxx has a lot of abused and neglected children because it's so huge, that maybe they get all the bonuses they need by helping children that actually need their help and not a perfectly happy and healthy child. What do yall think of my idea? I still have not made the decision because we are so happy here living with my parents. We have it made here! And my mom is crying all the time because she is scared they are going to tear our family apart. I have never been able to make enough money to support myself and my child, and we are a lot better off here. If I move to xxxx, I will have to work and it won't be enough money to pay rent, plus if I do, I will have to spend my money on buying myself a car, and will not have money to get a lawyer. So at this point, it's either buy a car and move to xxxx, or get a lawyer and stay here. Please give me your input on what you think I should do. I'm so sorry I'm rambling on, I just need to get it all out of my system... And thank you all so much for all your advice. I appreciate all of you!!! :) :wink:
Last edited by Emily_Rugburn on Mon Apr 05, 2010 12:52 pm, edited 1 time in total.

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Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby Emily_Rugburn » Sat Apr 03, 2010 7:45 pm

Ok, I forgot... I wanted to tell you all that I have typed up my sworn affidavit of what happened that night. I have had it notorized and made a bunch of copies of it. I guess I can use it in court, but I was told to hand a copy to everyone involved including all four cps agents that I have dealt with, and if I have taken to court, I will make sure the judge gets a copy before I go to court. I am also going to go to a clinic and have a urine test done on me shortly before the court date, so that I can prove to the judge that I am not a drug user. I am going in with my guns loaded, so to speak. If you can think of anything else I need to do to prove I'm innocent, please give me your advice. 8)

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Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby LindaJM » Sat Apr 03, 2010 8:02 pm

Emily, I can't give you legal advice, I can only give you what I know from years of contact with other victims of CPS.

CPS workers get very upset about parents who just leave the area while an investigation is in progress. Have you seen the recent postings by Nathan here on the message board? He left, and it still isn't over.

In other cases I've seen them put out an arrest warrant for the parents, and put the children in foster care. They've already said your mother is responsible for your child now, so my opinion is that you should stay there and get legal help if at all possible. When the case is officially closed, you can leave town.

Don't think that a positive drug test is no big thing. I've seen many families torn apart because of a one-time use of marijuana. Just because it is decriminalized doesn't mean they can't use that against you in court. It is a good idea to get your own 'clean' tests to use as evidence in court, if you go to court with this.

Do NOT give your paperwork to CPS workers. For now, save it to share with your attorney, when you get one. If you give it to the CPS worker they may turn around and use it against you in court. Don't give them a head start to think of ways to twist your words.

Do you actually have a court date set?

About your legal documents and evidence - that is YOURS to collect to use in court. You don't need to share anything else with the CPS worker. Give them no 'leads' to information, if you can possibly help doing so. These are things you need to discuss with an attorney.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby Emily_Rugburn » Sat Apr 03, 2010 8:18 pm

ok. I am taking your advice. Thank you Linda. But I must also remind you that my mother is no longer responsible for my child because the safety plan expired. It was only good for 30 days. But I understand what you mean about leaving town. But I don't see how it would be illegal. How can they arrest me? I am not in any service plan with them at this time. That's why they are saying they're gonna take me to court. I don't think they're gonna go say they need to put my son in foster care, I think they are just trying to have a judge order me to cooperate with them. If I am forced to cooperate, they will screw with us until they are able to take him away. I will never be able to leave my house again. It will ruin my life, but I do understand that it's no my life I should be worried about. I just thought maybe I could go to college and try to better myself for my son, but if I have to stay home till he grows up, I will. I will never drink again, I will quit cigarettes, and just be with my son all the time. Perhaps when he starts school I will get a job at the school. Maybe I could work in the kitchen, or as a janitor or something so I can be there all the time to make sure they don't take him. If I'm not doing anything wrong, and he's not abused, and if I follow all of the rules, they'll still find a reason to take him. Basically, I should just be holding him tight, because he's gone.. right? They're gonna take him!!!! I should be crying myself to sleep every night because I've failed as a mother... just because of that one night that I smoked weed. And that wasn't even the same night they started harassing me. It was before that night. OMG what am I gonna do? What if I give my parents full custody of him? His daddy said I could do it, and my dad will do it. Because it don't seem right to put him in foster care when he has a daddy, and grandparents, that could raise him. If I'm not allowed to be with him, at least he will be safe with my parents.

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Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby Emily_Rugburn » Sat Apr 03, 2010 8:40 pm

I'm so sorry I keep rambling. I just don't know what to do. I just thought maybe if I remarried his daddy, then that will look good to the judge, if we are a real family. Perhaps it looks bad that I am a single mother. My mind keeps going back and forth on what I should do. Once CPS targets you, they will take your child even if they have to lie and fabricate a reason to take him. I have spent 2 years fighting his daddy for custody, and it drained me of all the fight I had left in me. Another idea is to spend my money on buying a car, and get a really good paying job like in a plant or something, so I could afford to pay a lawyer for as long as it takes. I only have $1,000. My parents will help to pay a lawyer, but they are struggling too, because they have me and my baby to take care of too. My dad is a disabled veteran and gets a disability check every month and it's enough to pay their mortgage, all their bills, their truck note, and to buy food for us and them. And every month their bank account is drained from all of these things. That's why it wouldn't hurt if I got a job, but I can't get a job if I don't have a vehicle. I found a car for 2500 and the guy is willing to let me make payments of 200 a month on it, and 1000 down. Then I can pay the lawyer myself, with my paychecks. But if I throw away my money on a first payment to a lawyer, I'm likely to lose my lawyer when I can't afford him anymore. Understand my predicament? What do you think?

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LindaJM
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Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby LindaJM » Sun Apr 04, 2010 12:15 am

I wish I could tell you what was going to happen, but it is impossible because the rules change according to the county, the state, and even the individual social worker. Like I wrote in my disclaimer, "CPS agents and cases are unpredictable and don't always follow a foreseeable pattern."

That's why I feel it is essential for you to get an attorney who is familiar with CPS in your area, who knows their dirty tricks and can advise you on what's best: stay or leave? cooperate or not? etc.

Plus, remember I'm not an attorney. What you get on this site is support from people who have been victims of CPS, myself included, and ideas on how to work on your own case. None of us are qualified to give legal advice except for a few attorneys who occasionally log in here, and even they won't give actual legal advice through this website because they don't know you or the details of your case, and you're not their client.

The arrests I was aware of were for people who left during CPS investigations. Even though you don't have an active service plan, if the caseworker has said she'd take you to court to make you cooperate, it seems she's putting you on notice that she's still investigating. So, I'm advising caution and not acting rashly on your fear.

I know how scary this can be. Honestly, the first time I was targeted I wasn't afraid because I didn't believe they would actually take my infant. Because I wasn't afraid of them I was way too open with them and they did take my baby - straight out of the hospital before I could even bring her home. (My ex had battered me... that was why she was detained.) After that I knew if they showed up at my door, it would possibly be a disaster. It took a bit more than ten years but when my ex was sued for child support by our county, he called CPS, and that was right after I'd started this site and I told the CPS worker about FightCPS, and then I felt like I was his pet project because he came out here to harass me multiple times after that. Every time it was a very scary and upsetting experience, but I think the one thing that kept me safe was that I'd told him that if he ever tried to take me to court he'd better have some real evidence because I'd never consent to signing a plea in court again, and would request a full trial.

So, honestly I think everyone on this site knows how much fear you're in right now, and that's why we stay on as activists, because we care about people like you going through this CPS hell. I am so glad you're with your parents and that they're supportive of you and willing to help you with your child.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby LindaJM » Sun Apr 04, 2010 12:30 am

Why don't you start by reading these websites of lawyers in TX who take CPS cases. I don't know if any are in your area, but you might want to try phoning them for referrals, or whatever information you can get. These are lawyers who have commented with their contact information on this site, on the lawyers page. I don't know any of them personally and don't give referrals.

Chris Branson has a helpful article on his site: Ten Things You Must Do If CPS Targets Your Family

Goldsberry & Associates

Scott M. Brown

Ketterman & Amann

Paul Stuckle

I don't know if any of these are in your area, and I'm sure most aren't, but they might be willing to give you some information and could have a referral to someone in your area.

I hope this helps!

Explain your money situation and your indecision about how to spend the money you have. Honestly, after what I went through with CPS I believe that anything you can do to stop a CPS case before it starts is worth the money spent.
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby Marina » Sun Apr 04, 2010 8:59 pm

.

Having a dirty drug test is serious and you have to take this case seriously.

Consider keeping up with the public mental health services on your own, if you are not already. If you are going to the clinic a couple times a week, then an occasional dirty test may not be as big of a deal as if you are not getting any counseling at all. That doesn't mean it is OK, but you have to be squeaky clean for about 3 years in my opinion if you want them to leave you alone. One legal problem or anything and they will jump all over you big time.

You are lucky you still got to stay with your Mom. They could have made you move out. Yes, get a car and job, and demonstrate self-improvement. Don't give custody to your ex. If something crazy happens, it would be better for your parents to file for custody with the court, but you would probably have to move out if the parent supervision thing didn't work in their eyes.

I wouldln't move. I think your parents are more emotionally connected to you than other relatives, and the other place may be worse for all you know, because this is not going to go away that soon.

.

.

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Emily_Rugburn
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Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby Emily_Rugburn » Wed Apr 07, 2010 6:44 pm

why would I get counseling for smoking one joint? Whoever thinks someone needs counseling for smoking 1 time must one of the few people still left that think pot makes people psychotic.

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Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby Marina » Wed Apr 07, 2010 8:12 pm

.
They have no way of knowing the extent of the situation.

This is just a pattern of how they operate. It does no good to argue with me. I am not the judge. This stuff happens over and over and over.

Search the internet for marijuana child court opinon and see for yourself. I have read dozens and dozens of court opinions. This is serious.

.

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Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby LindaJM » Wed Apr 07, 2010 9:57 pm

I agree, it doesn't matter what we think of it. The one you have to worry about is the CPS worker. What does she think about it?

The terrible thing is -- this caseworker might be smoking it at home, but at work she may have to do as her supervisor tells her to do and takes babies away from mothers who smoke it. Anything for money, right? That is the way many caseworkers think. They don't want to lose their jobs even if they don't believe in what they're doing in every case.

Even though it is decriminalized, people get marijuana use used against them. Even in states where medical marijuana is legal, parents that use it medicinally are getting their children ripped from them. We're dealing with seventy years of anti-marijuana propaganda in this country and a lot of people are still totally brainwashed by that, just as they're brainwashed to think that parents are bad for children.

This is from the Child Welfare Information Gateway (their policy site)...

Parental Drug Use as Child Abuse
http://www.childwelfare.gov/systemwide/ ... xposed.cfm

Note they state:
"Specific circumstances that are considered child abuse or neglect in some States include:
. . . . Using a controlled substance that impairs the caregiver's ability to adequately care for the child"

Now, you and I may know that being high on marijuana isn't likely to lead to neglect of your child, but the caseworker may not know that and she may be following orders from her supervisor.

I think, so far, you've been very lucky in that they've decided you can stay with your child in your mom's home. I hope this good luck holds out, and that you've got a caseworker who isn't going to try to find more reasons to interfere with your life.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby Michael » Thu Apr 08, 2010 2:33 am

I have been posting on this board for many years. Some people have disagreed with my recommendations but I have always been accurate in what I say. I am retired form Texas CPS and know the law better than most who post here. Based on what you said the worker violated several CPS policies and needs to be reported.

No CPS worker can legally have a child in their care with out parents permission or removal authority. for one thing.

You need to file a complaint with the Gov. Office, it is called the OMBUDSMAN program. Also contact your elected rep and file a complaint. Both of these will start a investigation of the case.

Second Texas has not de-criminalized Marijuana. [b]It is illegal[/b]

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Emily_Rugburn
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Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby Emily_Rugburn » Thu Apr 08, 2010 6:07 am

oh, I'm not arguing with anyone... I'm just saying if they are that stupid, then I wonder what else they will say makes me a bad person, or bad mother, or criminal... whatever they are going to say in court. I mean, I did let them come in my home, after they threatened and coerced me, that is, and they did not see any evidence of drug or alcohol use. I could understand if they found evidence, then also the dirty drug test. I wonder if character witnesses would be allowed to prove to a judge that I don't actually smoke pot, that it was a one time thing.

Well, in the last few weeks I've been posting here I haven't been just sitting here doing nothing. For one thing, I refused to extend the service plan after it expired. For another, I have typed up a sworn affidavit and had it notarized. It states how underhanded they had been in forcing me to sign a safety plan, and how they coerced me to let them in my home. How they told me if I did not submit a drug test, that they would take my son. This is a lot like the newest story on the front page of fightcps.com. I have contacted my representatives. I have reported a civil rights violation to the DFPS consumer affairs, which I am a little worried about since they are probably, most likely, not on my side in any way, however, I did it. I have sent a letter to every newspaper within 100 miles of my home, and even to glenn beck on fox news. I plan to send another letter to all of them, and keep doing it until they pay attention. I'm not taking this lying down. The only thing right that I haven't done yet is to get a lawyer, but I need to spend my money on a car, like I said before, so that I can get a job to pay a lawyer for as long as it takes. I will find a way to expose them, and to prove that having marijuana in your system does not make you a bad parent, and that it doesn't prove that I am a drug addict, as is what they are accusing me of, right?

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Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby LindaJM » Thu Apr 08, 2010 10:07 am

Thanks for the suggestions and information, Michael!

Emily, I love that you are proactive and doing everything you can to defend yourself. There's a good possibility that the caseworker may want to back off. Let's hope so!

I'm in a bit of a hurry this morning so that's all I'll say for now.
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

MaggieC

Re: IS CPS GOING TO KIDNAP MY CHILD?

Postby MaggieC » Thu Apr 08, 2010 2:54 pm

You're a good man, Michael.

Maggie


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