Can I sue CPS?

Spring, TX Viewed 39 times. Posted 6 months ago in Family

They took my child with no court order and did not file it as an emergency. My child was placed with my Aunt while I was in jail for 5 days. They made me sign a paper stating my aunt could care for my child. My child is not in CPS custody. Can I get my child back. My child was not in any danger and had been cared for. I was living with my mom and they took my son from her 2 days after I went to jail. What are my rights? I love my son and take care of him. They are saying it is voluntary. Can I revoke guardianship and get my child back. I did nothing wrong and they are not accusing me of anything. They said the house was messy. Please help!!

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Answers (1)

Jonathan H Levy

This attorney is licensed in Dist. of Columbia and 1 other state. Posted 6 months ago.

it's hard to tell what the situation is here. If there is an actual legal guardianship you will need to ask the court to terminate it. If it's a voluntary CPS placement, then talk to CPS and discuss your situation with them. If possible, consult with an attorney. You need to ask very clearly that your child be returned to you or you want due process.