Summons and petition contain incorrect information

[thejrd]

So, long story short, we were visited by the CPS with some anonymous tip that we neglected our son.

We refuse entry to the house.

She files a DNA petition (dependency neglect abuse) the same day and calls back with a court date schedule for exactly one week later.

Summons arrives the next day and it's chocked full of errors. Below are a few examples:
- cover sheet lists me as the person who submitted the petition.
- has our son's name completely wrong, not just misspelled.
- has our son's age completely wrong by almost 5 whole years.
- says the neglect occurred on 9/2 when she told me the call wasn't received until 9/14.

We've met with an attorney and he didn't even bat an eye at some of the issues I had with the summons.

What can I do? Should I call her out on this when we get to court? Will it get dismissed because of all the inaccuracies?

[HappeeBee]

You need to file an Objections & Corrections. Everything that is in the report that is incorrect, you need to quote it and then state the correct information, get it notarized and file it with the clerk of courts before you have to appear in court.

http://fightcps.com/2011/05/09/sample-s ... al-worker/

Dump your attorney.

You are going to have shit with him if he is giving the impression not to care. File your OC with the court and then bring your copy to court with you and let the judge know. Chances are they may get dismissed they may not. I have seen in some cases where parents bought evidence to a hearing and some were dismissed or the parents at least kept the kids in their care.


Keep us posted I hope this goes well for you!!