What can i file in a child dependency case that would allow the judge to see the evidence i have proving the social

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Customer: What can i file in a child dependency case that would allow the judge to see the evidence i have proving the social workers allegations are incorrect? They have detained my child and placed him in the care of his grandmother against our will. they gave her no information on his medical treatment. effectively doing the very thing they accuse me and mom of. Grandma and us had a falling out so she made a false report with cps. she told people she would have him, even bought all necessity weeks in advance. our son is in a much more dangerous situation than he was with us. shes a diagnosed bipolar schizophrenic. we told the social worker. still he was put in her care.
Answered by Edward in 2 hours 1 year ago
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Edward
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Edward, Expert

Greetings,

I am sorry to hear what has happened. Can you clarify if you have a court-appointed attorney and if you have already had a court date/hearing since the child was placed with the grandmother?

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Greetings,

Welcome to Just Answer. My name is ***** ***** I am one of the attorney experts here at Just Answer.

Firstly, I am sorry to hear you are dealing with a legal issue, but certainly, I will do my best to assist with any questions you have at present. Please note that I generally ask a few clarifying questions to understand and assess your specific legal question at present.

I look forward to working with you regarding your initial question and await your subsequent response to get started in our conversation.

Customer
i do have a court appointed attorney. That being said its one of those situations where her caseload is so high she seems to not care. its been 15 days with only mabey three returned calls. has not been very helpful. we had the one hearing where the social worker didnt serve us papers till we got there and he did it himself. to answer your question no there has not been a hearing since his placement with grandma. To my understanding there is the jurisdictional hearing next. its just put off until January 11th. im just concerned that something will happen to him under her care. shes 62 uses a walker has a slew of other medical issues. im just having trouble believing that this could happen. we lost the entire holiday season with him.
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Edward, Expert

I am sorry to hear what has happened, essentially either your attorney would have to raise any arguments/defenses in court at the next hearing date to challenge the social worker(s) involved or file any type of motion prior to the January date to try and get this case heard sooner.

Customer
wold a 388 be hard by then?
Customer
is there any motion that would be heard especially fast?
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Edward, Expert

You would have to make the argument in your 388 petitions as to what circumstances have changed since the removal of your child that requires the court to consider your petition. Otherwise, you can file an emergency petition if you believe your child is at risk of abuse or neglect.

Customer
would an emergency petition give us a chance to get him back or would he go to foster pending hearing?
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Edward, Expert

You would have to present the grounds of your emergency petition with some form of evidence to support an emergency petition, otherwise, your petition will not be granted, especially since the child was just recently removed and placed with a family member.

Customer
she has been diagnosed with severe back pain copd she uses a walker cant do things on her own has ihs worker takes sleeping meds along with diagnosis of bipolar and schizophrenia in her medical record she says she has hallucinations during daytime
Customer
all we have is her written statement to mental health. she has been telling people she was going to get him and her case manager cleared her for cps before the hearing also helped her furnish her appartment for his arrival. false report to gain custody.
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Edward, Expert

You would have to include those allegations in any petition you choose to file against her.
Customer
if we dont tell someone it makes us equally liable for neglect though. i dont see a way out of foster for my boy.
Customer
is there anyway a pettition can be filed on weekend?
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Edward, Expert

Generally family court is closed on the weekends. You can check the court website if they have the clerks office open for any submission of petitions.
Customer
ok thank you very much you were very helpfull.
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Edward, Expert

You are very welcome. If I can be of assistance later on, please let me know. Best Regards.
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