Family Law: I can't afford a lawyer, my kids step-mother is slapping my kids, CPS states it's a family law matter?

Asked 10 months ago - Garden Grove, CA

I am the birth mother, The kids live with their Dad, we all signed CPS ORDERS in 2011 stating no corporal punishment, my kids step-mother is slapping my kids, spanking my kids, yelling at them all the time, and even kicked my 14 year old autistic son and the police brought him home and she made a false report. She is also saying horrible things about me all of the time to my children and all over Facebook. Me and my ex-husband have joint custudy. I am the birth mother and CPS states this is a family law issue. My kids dad and his wife have a lawyer and I can't afford one. I don't know what my rights are and don't know what to do, any advise would be helpful, thank you. I want my children back with me so they are safe.

Attorney answers (2)

  1. Edna Carroll Straus

    Contributor Level 19

    Answered . This is not a "Family Law matter"-- such that CPS is not supposed to protect the children. There has to be more to this story.

    All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts... more
  2. Robert Andrew Michael Burns

    Contributor Level 17

    Answered . I recommend that you meet with the Family Law Facilitator at your Courthouse for free assistance in self-representation with full access to the Court's file for your case. It seems that either there is a lot more to this or the order needs to be updated to require Dad to ensure that Step Mom doesn't use corporal punishment. There should be a State agency to look into the care of your autistic son.

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