Need advice

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acasby128
Posts: 2
Joined: Wed Aug 22, 2012 5:58 pm

Need advice

Postby acasby128 » Fri Aug 24, 2012 11:15 pm

hi, I been dealing with cps since my son been born. but this time is different they closed to cases but out of the blue they sent me a certified letter in my name not my husband name. 'They called an made appointment to come talk to me about my son on monday at 2pm i am scared that this time it will bad. 'i need advice on what i can do? Can CPS make you split up legally with your spouse an keep them out of your home. Our there take your children.

I also was told by CPS i had to go to leave my apt an move to program an it end up being a cult an now have it on my record i have eviction.

I also went to another state an there mess with me again my mother that wants my son keeps calling an telling lies

each time they ask the same question an check my son an get letter say they closing the case

now i got certified letter what is cps up to and trying to prove

c

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: Need advice

Postby Eljay » Sat Aug 25, 2012 3:54 pm

Are you the victim of domestic violence? Has it happened around your child? If so, this can go very badly for you because CPS will not only try to split you up, but will try to take the child from you EVEN IF the abuse has had zero impact on your child. If you are the victim of domestic violence, get out of there, but DON'T take any help from CPS!!!

Go with just yourself, don't take your child. Make them give YOU all the information. Ask them if you can record the session (99% chance they will say NO). So, tell them you will write down everything. Start off by asking questions, and write down EVERYTHING. Write down what they say and WHO said it, ask them to repeat it as many times as you need to get the information down. BEFORE you answer them, write down what you are going to say, then read it to them. TAKE AS MUCH TIME AS YOU NEED, BECAUSE YOU ARE THE *VICTIM* OF YET ANOTHER FALSE ALLEGATION and you need to get this all on record for the police investigation.

Do NOT make this investigation easy for them. Do know that they CAN NOT take your child!!!!!!!!!!!!!!!!!!!!!!!!!!! Yet.... they can only take your child if he/she is in *IMMINENT DANGER* meaning he's an abandoned and unable to care for himself, you're chasing him around with a knife, dad said he will kill the child if they don't leave the property, etc. **OR** they have a court order. They can't have a court order without SOME evidence, although some will fabricate lies and use "prior cases" to justify removal.

So, get as much information about the allegations:

Who said it, when it happened, how did this person witness this, who else was there, what did they do to prevent said abuse/neglect, etc.

When you're done getting ALL of the allegations on paper, you can MAYBE answer some of the questions, but you don't need to be really specific.

"This is clearly a false allegation because nobody has been to our home in 5 weeks."
"That didn't happen."
"That's completely untrue."
"If I my child were at risk of harm, I would do whatever necessary to protect him."
"I'm not sure that is any of your concern, but will consider answering that in writing."

Be pleasant and smile... play their game. Have you ever heard of the expression "STONEWALLING?" That is where someone just WON'T TALK or respond to your question. CPS is good at this... they train their people to NOT give out information to you. You can play the same game. Don't get into deep explanations about how this happened, or what went wrong, or anything else.... just don't answer them. You are only giving them EVIDENCE that they will use against you. They will twist your words. Tell them that you'll compose an answer to them and mail it within two weeks.

They may try to force you to do things - bring the child to them, take a drug test, accept services, etc. Please know that AS LONG AS YOU ARE NOT ABUSING NOR NEGLECTING YOUR CHILD, YOU DO NOT HAVE TO DO A DAMN THING THEY ASK OF YOU!!!!!!! Know your rights and stand FIRM on them!!!!!! Let them know that you respect that they have a duty to protect abused & neglected children, but you can ASSURE them that your child is NOT abused/neglected.

If they say, "we want you to go take a drug test right now" then say, "I'm aware of my rights... do you have a court order?"

If they threaten to take your child, same thing... "I'm aware of my rights... do you have a court order?"

Read, read, READ all of the information on the fightcps.com home page and familyrights.us (especially the "what to do if CPS is investigating you" link).
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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