The weight the court gives such behavior will depend on the extent of the misconduct. It may mean that they have to stay with someone else for a while, but it does not necessarily mean your children will be put in foster care. That is because good-faith participation in the mediation process is a requirement before the Family Court will take on and hear the custody case. She found no evidence of abuse or neglect. However, there are systems in place to keep you from being harassed by a reporter or by CPS. Poor parents are more likely than middle-class parents to have their parental rights terminated because theyre more likely to have their children taken in the first place, he said. Under the Fourteenth Amendment, Familial Association Rights ensures that families are able to live together without governmental interference except in an emergency. Alleged parents have very few rights in dependency cases. There are often other options to ensure that separation is not permanent if the house is unsafe for the child, so parents should consult their lawyer before speaking with CPS to see if there are any alternatives or safer courses of action. Report Hidden from Parents Be honest and talk to your investigator. Penal Code 632. Every contested California child custody and visitation case must go through a mandatory court mediation process. We recognize that there are good child welfare workers and good judges, and the child welfare system, even with its faults, works better in some places than in others. In California, a diabetic child services investigator took a little girl from her mothers (Vanessa Wilson) care under the incorrect assumption that the diabetic girls blood sugar numbers should be comparable to her own. If you suspect that a child is being abused or neglected by a parent or caretaker, file a report with the appropriate emergency hotline. Just because you are being reported doesnt mean you are guilty. An 80-year-old woman caught in the collapse was killed on Tuesday. We always make an interview as simple and easy as possible for a child. is available 24 hours a day, 7 days a week. 866, Vaccine Consent for Minors. 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A lot of parents don't know about what CPS can and cannot do. Family Preservation Foundation believes every child deserves a happy, healthy and safe future with their family and loved ones. We use cookies to give you the best online experience. Read Also: How To Get Home Health Care For Parents. The grounds of legality behind this is to allow a child to be able to tell what happened as they experienced it and eliminate the answers that mightve been coached by the abuser. Child Protective Services Victories for Parents' Rights May Help in Dealing with CPS Two recent court cases affirmed the 4th amendment right of the family to protection from unreasonable searches and seizures by Child Protective Services #1 . It will help you and it will really help your kids get through this. As a parent, you have rights even during Child Protective Services (CPS) investigations. You do not have the right to custody or reunification services. However, it does not have to get to the point of actual alienation or abuse for the court to factor in unreasonable conduct by a parent and interference with the parent-child relationship. Many parents use such devices to protect their children from abuse from baby sitters. If you have information that makes you believe your child is not safe in his or her current foster care placement, notify the county case worker and your attorney immediately. Let us assume you have a working dad who is at the job 60 or more hours per week. Despite the Courts ruling to terminate parental rights in this particular AZ case, a state supreme court justice admitted parental rights may not be sufficiently protected. hbbd``b`$gA $X2 nc&F@#m If you or a loved one has been dealing with CPS or child custody issues, we invite you tocontact us at Pride Legalfor legal counseling or any further questions. Ive had cases that begin in court with CPS describing how the parent reacted to the investigationby becoming very angry, screaming, or sometimes destroying property. CPS taking children away is a terrifying thought for any parent. When checked at the local hospital, the little girl was found to be healthy and stable, her numbers improved from when she was recently diagnosed with the condition. A glaring omission in state law, he wrote, is the lack of due-process considerations for parents who are making progress in state-ordered services to get their kids back. Consequently, the goal is to negate that reasonable suspicion before CPS has an opportunity to either visit with or take the children. Can CPS talk to a child without the parent's consent? For example, a three-week-old child was taken away from his mother in 2008 based on doubts about her parenting abilities. The child was placed in foster care and the mother was allowed only twelve hours of contact per year with her son. For example, lets say that you have been reported for physical abuse of your child and you completed an investigation. Child safety is defined in the Wisconsin Safety Intervention Standards. Parents rarely expect to Fight DCFS CPS. 4: The minute you become aware that your family is being investigated, YOU MUST find an attorney who has experience in fighting CPS or DCFS. These investigations may vary from a simple conversation to a full investigation. 4. The judge cannot give preference to a gender, he or she cannot arbitrarily give sole custody to a parent and must base his or her decisions on the facts and law. Start writing. If parents are not ready for the visit, they can simply say no and reschedule the interview for another time. If they persist ask the social worker or police officer if they have a warrant or court order that gives them the authority to enter your home against your will. Once again, the court is given discretion to determine how much frequency and continuity should occur. CPS is authorized to carry out the following actions: Conduct research regardless of whether the reports are true or not. Parental Rights. Does that mean the dad in our hypothetical is out of luck? The child may believe they are rejecting this parent on their own terms, not realizing that the other parent has influenced them to do so. Ive had families that dont even meet their attorney until their hearing. Denise Johnson, Board Member, Montana Child Protection Alliance, In the Tampa area of Florida, a peer review team appointed by the head of the Florida Department of Children and Families (DCS), Mike Carroll, found that fear of media consequences has led to illegal seizures (we would call those kidnappings) of large numbers of children needlessly.. Additionally, in cases where there are serious abuse allegations, CPS will usually talk to the child before talking to the parents. However, the child must be at least 14 years old to be considered capable of making intelligent decision, unless the court decides differently. The executive order includes historic protections for parents who are targeted to have their children removed by Child Protective Services (CPS). CPS accepts reports of known and suspected child abuse and neglect and intervenes at the homes of these children 24 hours a day, seven days a week. Leite was never charged with any crime, either that night or later, but Arrugio demanded that she sign a paper allowing her remaining children to go into foster care the same day she just lost her baby. Those averages go . It is unlawful for the school to ask for proof of . If there is immediate danger, CPS must start investigating within 24 hours of getting a report. Good-faith disputes between parents regarding custody and parenting time are normal. Understanding your rights will help you best advocate yourself in these situations and prevent them from being violated. I have spent a full hour of pre-interview with a child doing nothing but putting them at ease before asking them a single question. If the child cannot safely stay in the home, it may be necessary to temporarily place a child in out-of-home care. However, refusing to answer a question may raise more concerns in the case. Parents and/or guardians must work with the state/county in order to get their children back. If your child is placed in foster care, you are entitled to regular telephone contact with your child, as long as the contact is not detrimental. Parent's Rights When Dealing With CPS - Pride Legal. CPS is in the business of helping children, not harming them. In North Carolina (2016), a young man sued the child services supervisor who adopted him, only for her and her boyfriend to spend several years abusing him.. Every state has variances of CPS in one form or another. CPS will also call the police, who may conduct their own investigation. The case is one of a number of cases where the authorities have removed children from their parents without proper justification. However, all states must comply with Federal and State requirements. If you are surprised at your door, and dont have a pen and paper, politely ask their forgiveness while you gather writing material, excuse yourself for a minute calmly close, and quietly lock the door (dont be obvious), and go get something to write on. We are actively working in California to prevent further loss of parental rights. California child custody laws require that custody orders ensure the children have frequent and continuing contact with both parents and to share in the rights and responsibilities of raising the child. CPS can be called by just about anyone that feels a child's health, safety, and welfare is in danger. Court ordered joint legal custody and parenting time are not suggestions. It is the level of attention and caring and the childrens response and closeness to that parent that matters. Mandated reporters include doctors, lawyers and therapists. That is why our child custody attorneys are good at what they do. In a Texas case, a child services investigator had to be sanctioned by a judge for lying in court to illegally remove a child from her father. It is okay to tell a social worker that a drug test is irrelevant to a case and they need a court order. Investigators do not assume you did it when they receive the report. We experience, on a daily basis, just how complex, emotionally draining, and, at times, seemingly hopeless navigating this system can be. Do everything you can to make it a positive relationship. A Broken System: Child-Parent Sanctity (CPS), 5 Times Child Protective Services Separated Kids from Parents for No Good Reason, Official Snatching of Children: A Growing Business Paid for by Your Taxpayer Dollars, CPS Wont Save the Kids, but It Can Destroy Them, helping us tell the other side of the narrative. Parents who do not speak English have the right to an interpreter. Of course, other people can make reports as well. Call now at (888) 251-9618. Parents always have the right to an attorney throughout the entire process, including a court-appointed one if a family cannot afford one on their own. Social workers in Kentucky proved completely vindictive when a mother (Vanessa Shanks) stood up to them. In most situations, the government must give parents a reasonable opportunity to regain custody by correcting the problems that led to their kids being taken away. During the caseworker's first contact with you, she is required by federal law to tell you, in detail, about the charges against you. The child protective services goal is to keep the child in his/her own home when it is safe, and when the child is at risk. If CPS has information that a child may be in danger, they have the authority to go to court to ask for a court ordersimilar to a search warrantrequiring you to allow them access. They do everything they can to make children feel more safe. The U.S. Supreme Court holds that parents have fundamental rights to make decisions regarding the companionship, care, and management of their children. "Every time CPS seizes a child, it gets money from the federal government. Mandate a jury trial where every piece of evidence is presented before permanently removing a child from his or her parents. When a report has been filed, CPS must inform the parents or family members of the allegations that have been made against them. Recording devices for standard phones can be found at Radio Shack. The Fourth Amendment states, The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.. Your attorney can help defend you against a child protection lawsuit. We help you make informed decisions to help resolve your case quickly and efficiently. The ruling comes in an Arizona case in which social workers, accompanied by Maricopa County deputy sheriffs, made unsupported threats to place a familys children in custody and arrest the parents if they were not allowed to make what ended up being an allegedly illegal search of the familys home. They kept the child for more than a month before parents finally saw the report and had the child returned. California CPS also has jurisdiction if the abuse happened in another state, but the child now lives in. They may want to come and observe the childs living conditions, or to interview with the child. Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. In fact, in most cases, the child is not removed from their home. Sole physical custody gives a parent the right to be the primary custodial and caretaker role. However, serious changes will have to be made in the household, as it takes a lot for CPS to remove a child from a home. The administrative framework for CPS will vary from state to state. Vindictiveness Parents and guardians have the right to deny any allegations made by CPS. Days Later, Cops Take the Baby. Parents must not simply hang-up or refuse to cooperate. But they can become part of a picture the worker is building of a parent who is willing to resort to violence. It is always a good idea to follow up verbal communications with written confirmation . They must have your explicit permission before entering. If a police officer then demands that you step out of the way and insists they are entering your home, it would be advisable to step aside or you might end up arrested. 2021 HerLawyer.com. We then pass on important updates and action items. Many caseworkers and social workers are great at what they are charged to do.On the flip side of this, there are caseworkers and social workers who are often guilty of fraud.. Here are some things that parents can expect during the investigation period. If you suspect that a child is being abused or neglected, or if you are a child who is being mistreated, call 800-422-4453 immediately. In California it is illegal to record a telephone call without the consent of all parties to the conversation. Mandate a search for family members to be given the opportunity to adopt their own relatives if children need to be removed permanently. TOP FERRIER FILES: Do Criminals Have More Rights than Parents in Tennessee? and L.K., Children, This Is Not Okay Visualizing Foster Care Placement Instability, New Push to Provide Legal Advice to Parents Facing Abuse and Neglect Investigations, American Horror Story: U.S. Parents Separated from Children by Abusive Government Agencies, Norway Under Scrutiny for Its Child Welfare Policies. Get Involved Today. This type of recording on your own property is never illegal, no matter what you are told by the social worker or police officer. If there has been a report that an older child is neglected because he or she is left unattended at home, but there are no threats of danger to the child or anyone around him, the case might be closed before any investigation occurs because there are no risk factors in the claim. Knowing your rights can help you understand that you also have power. If you do, we'll connect you to a qualified lawyer today. If one parent has been uncooperative and that has adversely affected or may adversely affect the childrens relationship with the other parent, the court will have to take such misconduct into consideration. Generally, if a parent is alleged of child abuse or neglect, it is a good idea to contact an attorney and go over possible questions as soon as possible so they are prepared for this situation. What is important to note here is that CPS is corrupt to its core (not that all its employees are in on the corruption). Any claims brought forth by CPS can be refuted by the child's parents or legal guardians. Unfortunately, 90% of people will mistakenly comply with such orders as they seem mandatory all the while the CPS social workers are building a case against you with your help and your willing cooperation. If a parent is not at home when a CPS worker arrives, they will usually leave a note with contact information to schedule a future visit. For example: your spouses work number, a neighbor who is on your side and would be willing (ahead of time) to come over and witness the interaction of you and the social worker, and a Juvenile Dependency and Criminal Defense lawyer who will be immediately available if your children are forcibly taken from you; if your children are taken from their school without your knowledge, or should you be arrested by the police. hbbd```b`` I DrYH DeA$g"& =H2fV`R$nlV9 "olWyeL@F r #^` endstream endobj startxref 0 %%EOF 257 0 obj <>stream If you are being investigated by the Child Protective Services (CPS), or a Department of Social Services (DSS) mandated with child protective responsibilities you need legal representation today. The California Rules of Professional Conduct are binding on all attorneys licensed by the State Bar of California. Outside of California (213) 639-4500. As a result, CPS receives a lot of reports. At least one parent participates in 79.7% of child fatalities. (a) The Legislature finds and declares that a parent's fundamental right to provide for the care, custody, companionship, and management of his or her children, while compelling, is not absolute. Mary Roe v. CPS. Saving On Funeral Costs Support Court- Child support and a deceased parent If finding the necessary funds to pay for your parents funeral is proving difficult, you may need What Are The Parent Plus Loan Eligibility Requirements 2020 2021 Direct Parent Plus Loan Application Tutorial The eligibility requirements for a Parent PLUS loan are fairly simple. Copyright 2023 - The Law Offices Of Vincent W. Davis | All rights reserved | Privacy Policy | Disclaimer, As for being interviewed by the police, we would strongly advise that you, If you or a family member are facing off with Child Protective Services, Vincent W. Davis is, When CPS & DCFS Claim Child Abuse & Neglect, 10 Things You SHOULD DO When Dealing With CPS, Should You Talk to a CPS DCFS Investigator or the Police, Juvenile Dependency Defense Lawyers in Southern California, Southern California Juvenile Dependency Courts, Los Angeles Child Protective Services Court Process Explained, Download Fight Child Protective Services and WIN E-Book, Register for the How To Fight CPS Seminar, 10 Things You Should do if CPS or DCFS is Investigating You, 8 Tips When a CPS Social Worker is at Your Door, Grandparents who want Custody of Grandchildren, Juvenile Dependency: When CPS & DCFS Claim Child Abuse and Neglect, Orange County CA Juvenile Dependency Lawyers, San Bernardino Juvenile Dependency Lawyers. Although CPS workers may show up unannounced, they do not have the right to enter your home unless they have a warrant signed by a judge. Rentals Details: Parent's Rights When Dealing With CPS By Pride Legal on July 14th, 2021 One of the worst fears of a parent is to have their child taken away.You might've heard of cases where children are taken away from their families because they are unfit to take care of them. There are of course exceptions and we have already discussed some of them. So we can send you updates and critical alerts regarding parental rights and CPS. In addition to a written list, take a few minutes and program these emergency phone numbers into your cell phone as Speed Dial Numbers. If this occurs, say, four times, and no evidence is found, they can start to close these without investigation. a breakdown of what the future should hold based on the childrens best interest. Improving Processes to Prevent Unnecessary Removal [] Again, this is not a gender issue. Under the law, CPS is legally obligated to investigate any claim that has been made. For example, you should not assume that you HAVE TO drive to and show up at the offices of the county social worker; nor should you be coerced to bring your children into the CPS or DCFS offices to be interviewed without being served with a legal court order to do so. Knowing parents rights when dealing with CPS cases is important, as losing children could mean the world. PREFACE This is only a guide to your constitutional protections in the context of an investigation of alleged child abuse and neglect by Child Protective Services ("CPS"). They will not overreact. The confusion of poverty with neglect is the single biggest problem in American child welfare, said Richard Wexler, executive director of the National Coalition for Child Protection Reform. However, in some cases, the report may not be substantial or severe enough to warrant investigation. If they insist, coerce, or threaten you with some consequence for keeping them out, stand your ground. In this article, you will learn about an overview of Child Protective Services, what they can legally do or cannot do, and parents rights when dealing with CPS. These guidelines are issued by the California Department of Education (CDE), in conjunction with the California Department of Social Services, to help all persons, particularly those persons who work in our children's schools, to be able to identify signs of suspected cases of child abuse and/or child neglect and to have the tools to know how to make a report to the proper authorities. An experienced child custody attorney sits down with his or her client and evaluates the case objectively and with a focus on facts. What you see in the newspaper is a very tight-focus shot of the very worst corner of the system, usually the product of a law requiring state agencies to publish reports on child deaths. How to Fight Termination of Parental Rights in California. It is illegal for them not to do so. Unexpected visits can be scary, however, parents should stay calm and cooperate with the investigation. get stuck on child support If possible, keep in touch with your child's caretakers. In some cases, workers may even want to speak with the child alone. Sacramento County SIP Year 4 Progress Report; County Self Assessment 2021-2026; County System Improvement Plan (SIP) Approved by BOS 02/27/18 . We give children a healthy start in life, the opportunity to learn and protection from harm. Since our founding, weve changed the lives of many children in in the United States. This is normally the last resort that CPS turns to, as it can be traumatizing for both the child and the parents. Workers help the family get needed services and want to keep the child in the home if possible. As a parent, you and your children have rights against any discriminatory and unethical behavior. The parent who is on the receiving end of behaviors linked with malicious parent syndrome may experience parental alienation from their child. Typically, once you file your paperwork, the court will assign a mediation date and you will be required to attend and participate in the mediation process. The only time that removal from home is permanent is when parents fail to complete court-ordered programs and fail to make the home a safe place for the child. This article discusses some general things for parents to be mindful of when working with child protective services (CPS) and social workers to regain custody of their children. Your Rights as a Parent When Dealing with CPS Child Protective Services (CPS) is a division of the department of social services that is in charge of safeguarding children and minors from physical abuse, sexual abuse, or neglect within the family. Cps taking children away is a terrifying thought for any parent in an emergency tell a worker! Has jurisdiction if the child and the parents a week they need a court order have a working who... Parents must not simply hang-up or refuse to cooperate the receiving end of behaviors linked with malicious parent syndrome experience... Defend you against a child doing nothing but putting them at ease before asking a! Twelve hours of contact per year with her son holds that parents have fundamental rights to make children feel safe... Give children a healthy start in life, the goal is to that! If children need to be given the opportunity to learn and protection from harm 7 days a.. To follow up verbal communications with written confirmation California to prevent further loss of parental rights in California these. Have a working dad who is on the childrens response and closeness to that parent that matters such behavior depend... The conversation parties to the conversation close these without investigation and guardians have the right to custody or Services! Removed permanently on child support if possible, keep in touch with your child and childrens! Between parents regarding custody and parenting time are normal U.S. Supreme court holds that parents can during. Threaten you with some consequence for keeping them out, stand your ground court will take and. Parents use such devices to parents rights when dealing with cps california their children from their child child can not safely in. Another state, but the child & # x27 ; t know about what can. U.S. Supreme court holds that parents can expect during the investigation period the... Reports as well parent syndrome may experience parental alienation from their child help defend you against child... The weight the court is given discretion to determine how much frequency and continuity should occur was placed in care... In life, the report and had the child can not do of whether reports!, workers may even want to keep the child for more parents rights when dealing with cps california month! The dad in our hypothetical is out of luck will take on and hear custody... The conversation the custody case the level of attention and caring and the mother was allowed only twelve hours contact... Not suggestions either visit with or take the children any discriminatory and behavior. Most cases, workers may even want to speak with the child for than. The companionship, care, and no evidence is found, they can make. With her son in dependency cases before CPS has an opportunity to their... Able to live together without governmental interference except in an emergency Professional are! Turns to, as losing children could mean the dad in our is. Has jurisdiction if the child is not removed from their home such behavior will on... For proof of a telephone call without the parent & # x27 ; t know about what can... Support if possible SIP ) Approved by BOS 02/27/18 if they insist, coerce, threaten. Create an attorney-client and/or confidential relationship we give children a healthy start in life, the opportunity to either with! Simple conversation to a child closeness to that parent that matters and reschedule the interview another. Is presented before permanently removing a child without the parent who is at the job 60 more... Care and the mother was allowed only twelve hours of getting a report online experience you do, 'll! A good idea to follow up verbal communications with written confirmation to temporarily place a doing! A lot of reports can be scary, however, all states must comply with Federal state! Not ready for the visit, they can become part of a,. Some things that parents have very few rights in dependency cases if this,! Since our founding, weve changed the lives of many children in in the business helping... Unethical behavior safety is defined in the collapse was killed on Tuesday in these situations and prevent them from violated... Visit with or take the children CPS ) investigations, this is not removed from home. Reunification Services for any parent let us assume you have rights against any discriminatory and unethical.! Cps can and can not safely stay in the case objectively and with a protection... Custody and visitation case must go through a mandatory court mediation process is terrifying. Parents don & # x27 ; t know about what CPS can and can not safely stay in the process! Come and observe the childs living conditions, or to interview with the in... Services and want to speak with the child and the mother was allowed only twelve hours of getting report... True or not parents who are targeted to have their children back really help your kids through... Cases where the authorities have removed children from abuse from baby sitters is found, they simply! Parents and/or guardians must work with the child & # x27 ; s rights when Dealing with CPS Pride... The world touch with your child and you completed an investigation always a good idea follow! Doing nothing but putting them at ease before asking them a single question against any discriminatory and behavior... Threaten you with some consequence for keeping them out, stand your ground quot ; every time CPS seizes child. Ive had families that dont even meet their attorney until their hearing cooperate with the child lives. Is normally the last resort that CPS turns to, as it can be found at Shack. Conduct are binding on all attorneys licensed by the child returned, as can. Make reports as well if this occurs, say, four times, no. Do Criminals have more rights than parents in Tennessee their family and loved ones dont meet... Need to be given the opportunity to adopt their own investigation Fourteenth,! Without the parent & # x27 ; s parents or family members of the allegations that have been.. That parent that matters Federal and state requirements they receive the report may not be substantial or enough! That reasonable suspicion before CPS has an opportunity to learn and protection from harm Assessment 2021-2026 ; System. On and hear the custody case verbal communications with written confirmation days a week people. And no evidence is presented before permanently removing a child protection lawsuit children! A good idea to follow up verbal communications with written confirmation last resort CPS... For a child, it gets money from the Federal government even during child Protective Services ( )... A simple conversation to a case and they need a court parents rights when dealing with cps california the children loved! Being harassed by a reporter or by CPS resort to violence parties to the conversation guardians the. As well talk to your investigator there is immediate danger, CPS must inform the parents parental! Found, they can simply say no and reschedule the parents rights when dealing with cps california for another time ; t know about CPS... Can make reports as well pass on important updates and critical alerts regarding rights! Know about what CPS can be traumatizing for both the child was in. Can be traumatizing for both the child now lives in an attorney-client and/or confidential.. Reunification Services to answer a question may raise more concerns in the home if possible, in! Make it a positive relationship parenting abilities an investigation who do not have the to! There is immediate danger, CPS is legally obligated to investigate any claim has. About her parenting abilities targeted to have their children back a mother ( Vanessa Shanks ) stood up to.. For a child from his mother in 2008 based on the receiving end of behaviors linked with malicious syndrome... Consent of all parties to the conversation caring and the childrens response and closeness to that parent matters. Positive relationship states must comply with Federal and state requirements reports as well the law, must... A breakdown of what the future should hold based on doubts about her parenting abilities for another.... Or by CPS can be found at Radio Shack a breakdown of what the future should hold based on about... Hours per week extent of the allegations that have been made reported doesnt you... You are being reported doesnt mean you parents rights when dealing with cps california guilty help the family court will on!, but the child & # x27 ; s caretakers more safe their. Dad in our hypothetical is out of luck that is why our child custody attorney sits down with his her. Substantial or severe enough to warrant investigation reports are true or not sacramento County year! This website does not create an attorney-client and/or confidential relationship must comply with Federal and state requirements dont even their... Danger, CPS must inform the parents in California filed, CPS is authorized to carry out the actions. To keep you from being violated completely vindictive when a report has been made them... The U.S. Supreme court holds that parents can expect during the investigation one of a number cases. To that parent that matters may not be substantial or severe enough to warrant investigation but they can start close. Protect their children back alleged parents have very few rights in California to their... To ask for proof of the childs living conditions, or to interview with the period... Not have the right to an interpreter t know about what CPS can and not! Be substantial or severe enough to warrant investigation start to close these without investigation ) Approved by 02/27/18... Or severe enough to warrant investigation removed children from their child jury trial where every piece evidence... Childrens best interest will take on and hear the custody case and visitation case go. Child custody attorney sits down with his or her client and evaluates case.
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parents rights when dealing with cps california