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Mark L Tseselsky

Mark Tseselsky’s Answers

46 total


  • I hired a family law attorney, what other attorney do I need to persecute the father?

    Unbelievable, after taking cellphones, video systems /games, computers, and IPads for being disrespectful, not following house rules, and being physically and verbally abusive, instead of calling the police on my children, I took them to their ...

    Mark’s Answer

    You need to consult with a juvenile dependency attorney if the social workers are involved. I would be happy to give you a free consultation. My cell phone is 818-427-2771.

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  • I need to know what rights I have to get information about if a CPS case has been opened against my household.

    I know CPS has been called at least twice in the last month about situations in my home. I have not heard anything from them, but when I call to get information they tell me that they can not give me anything, even when it's regarding my children....

    Mark’s Answer

    Look up Welfare and Institutions Code Section 827. It explains your rights about getting such information. Even if there is no active court case you can still get a copy of the records. But you have to fill out some paperwork.

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  • How do I get custody of my grandchildren from CPS in CA.?

    Children removed from parents two years ago. I have met all the requirements for CPS but they are stone walling me. Both boys are separated from each other. I need help.

    Mark’s Answer

    When were the children placed with you? Do you have de facto parent status? Have you been designated prospective adoptive parent? Have the parents' rights been terminated? Reunification services terminated? The Court has the discretion to appoint an attorney for you. Given the budget crisis they are not likely to do so. As a result, you need to find a private juvenile dependency attorney who is going to ask you similar questions and will be able to help you. Depending on the answers to the above questions, I would explore filing request for documents under Welfare and Institutions Code Section 827, Request to Change a Previous Court order (JV-180) under Welfare and Institutions Code Section 388, and definitely ask for a de facto parent status. If wish your case was in Southern California. I would have been able to help you more. Good luck!

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  • Is a family court judge required by law to order an investigation into all child abuse allegations?

    I have informed our family court judge that my 3 children are reporting that their father is beating our 13 year old autistic son in the head with a shoe. The judge told me she believes I am lying. Is she not obligated by law to have the allegat...

    Mark’s Answer

    You can report the abuse to the child protective services agency in your county. However, if a Judge does not think that there is enough evidence to refer to the agency, then you will have a hard time convincing CPS to open up an investigation.

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  • My 6 year old daughter was taken from our home my cps almost 4weeks ago because me and her dad was using drugs.

    Shes been with her grandparents , we have been clean. No court papers were served to go to rehab no court papers on visitation we go. To court sept.5th. What can we do about seeing her till then and what are our rights?

    Mark’s Answer

    You have to contact the social worker to get the visitation set up. You should have also been given notice of the detention hearing. At the detention hearing you should have been appointed an attorney. The attorney can help in enforcing visitation orders. You have to set up testing. The court will not take your word for it that you are clean. If you can, find an inpatient facility that would let you start your treatment right away. There is usually a waiting period.

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  • My 6 year old daughter was taken from our home my cps almost 4weeks ago because me and her dad was using drugs.

    Shes been with her grandparents , we have been clean. No court papers were served to go to rehab no court papers on visitation we go. To court sept.5th. What can we do about seeing her till then and what are our rights?

    Mark’s Answer

    You have to contact the social worker to get the visitation set up. You should have also been given notice of the detention hearing. At the detention hearing you should have been appointed an attorney. The attorney can help in enforcing visitation orders. You have to set up testing. The court will not take your word for it that you are clean. If you can, find an inpatient facility that would let you start your treatment right away. There is usually a waiting period.

    See question 
  • My 6 year old daughter was taken from our home my cps almost 4weeks ago because me and her dad was using drugs.

    Shes been with her grandparents , we have been clean. No court papers were served to go to rehab no court papers on visitation we go. To court sept.5th. What can we do about seeing her till then and what are our rights?

    Mark’s Answer

    You have to contact the social worker to get the visitation set up. You should have also been given notice of the detention hearing. At the detention hearing you should have been appointed an attorney. The attorney can help in enforcing visitation orders. You have to set up testing. The court will not take your word for it that you are clean. If you can, find an inpatient facility that would let you start your treatment right away. There is usually a waiting period.

    See question 
  • What rights as a parent do I have after suffering a complaint made to CPS by my child therapist that was unfounded?

    CPS came investigating me about a complaint made by my 10yr old child therapist. Complaint was on Child Neglect by exposing my child to cigarettes and allowing cash betting on his boxing performance. Even though CPS reported complaint unfounded,...

    Mark’s Answer

    I agree with the other two attorneys on this one. There are attorneys who specialize in suing psychologists. However, I think you will have a hard time finding one because you were fortunate to have the matter be closed relatively quickly. I know this must leave a bad taste in your mouth. I cannot imagine how bad you feel about the situation. However, your chances of finding an attorney to sue the therapist are pretty low.

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  • If the state has filed a 387 Petition against the caregivers, can i also submit evidence to clear my name also?

    I was falsely accused of abuse by a family member in order for that person to obtain my children from me and receive money from the state. After 9 months of a family member having my children in their care, the state found they have physically ab...

    Mark’s Answer

    I agree with Attorney Steinberg. It sounds as if you were thinking of getting the initial allegations against you be dismissed because the folks who accused you have been found to abuse your children. It is possible, but extremely difficult to do so. In terms of realistically using your resources you are better off with filing a WIC 388. You can also present evidence at the WIC 387 petition. You are better off preparing something in writing ahead of the trial to increase the chances that the court would actually see this information. There are many fine court appointed attorneys, the problem is that they are all extremely overworked. Their case load is ridiculous. If you can afford private counsel you should interview several attorneys and decide who can best get your children back with you.

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  • DCFS was called for a domestic dispute and were taken for my boyfriend not cooperating they had no evidence of DV they took my

    what are my rights i got in tio classes i become homless they took my kids the day before i was moving to colorado i had work an apartment ready but they took them the day before i had my tickets and everything what are my rights

    Mark’s Answer

    You should consult with a lawyer immediately. You have to make sure that they children are with someone who is friendly to you. You also need to provide more details about what are the allegations against you.

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