| This is extremely
serious. You are literally in a fight for your LIFE and the lives of
YOUR children.
If there is a lawyer in your area who HATES CPS and knows how to put up a DEFENSE, hire him now and help him defend you. If you have to sell the car, mortgage the house, clean out your retirement fund, borrow from relatives- pay his retainer. If
there is NO such lawyer in your area, and more likely the case you are
penniless, |
| ~Here's what you need to know and what to do about it~ |
Short
version below gleaned from advice
from a 23-year veteran Child Welfare worker
Red words are the editor's
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This word Preponderance, a legal precept, is your enemy.
Preponderance of the evidence means that in the good judgment of the judge, the evidence presented indicates that a child has been (or MAY potentially be) harmed. Unfortunately, It is the CPS worker who writes up a list of pieces of "evidence" that is called a petition. Often this "evidence" is presented ex parte meaning the alleged perpetrator is not present to defend him or herself. A lot of this so called "evidence" is the CPS worker stating that they have seen or heard or whatever the CPS worker FEELS like saying.
It is very important that you get this petition. Go to the courthouse and ask the Court Clerk for a copy ~please~. It is public record. While you're there, ask when your hearing is actually scheduled. Don't count on ANYBODY to give you accurate info on that but the Court Clerk. CPS would certainly prefer that you "fail to appear". Your CPS worker may LIE to you about it, and YES THEY WILL HAVE "COURT" WITHOUT YOU. Read it (the petition) and respond to it in writing (Your Sworn Affidavit) immediately and I cannot stress this word "immediately" enough. Time is the critical factor here. A person does not need an attorney to do this. If you feel you are not a good writer, then finding an English major will do more good than an attorney. If you have a witness or other documents (attach to your Affidavit as Exhibits) to show that the petition is wrong, you should get this and show up in court with this stuff or the witness. (AT LEAST an hour early so you can FILE YOUR AFFIDAVIT with Certificate of Service WITH THE COURT CLERK. It would be MUCH BETTER to PROPERLY serve EVERYBODY before the court date. Only a GOOD, CPS-knowledgeable lawyer already ON RETAINER could even possibly get this done in the usual time-frame. Definitely show up for court early and then watch and learn how the "court" operates before your case is called. It's a sickening thing to see. This is a "justice system"? It's like Traffic Court.) The parent usually is so busy running around looking for help to get the child back that the allegations stand only because no one challenged them. Also the parent may miss this hearing or don't know about it.
See the whole "23-year CW veteran" essay here If your kids have just been picked up, getting your Affidavit done and filed is the only thing you have to learn or do right now. Get
busy on your Affidavit
NOW. “Courage is doing what you're afraid to do. There can be no courage unless you're scared.” --Edward Vernon Rickenbacker (American Pilot, Businessman and Aviator. 1890-1973) Then you can come back here and learn more later.
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