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How much weight does a CPS case worker have in a custody case?

Chicago, IL |

My ex has made false allegations of me being abusive as a parent which are completely untrue. The CPS worker is investigating and I feel confident she is seeing there is no danger. I would like to know if it would help for me to have a few of my friends who know the both of us to write letters of references. She asked for a list of babysitters and other names, but so far she hasn't connected with them as far as I know. I just want to make sure she has confirmation of my true nature.

Attorney Answers 1

Posted

You might consider, instead of letters which are hearsay and inadmissible as evidence, to read and follow Illinois Supreme Court Rule 191 about affidavits. Affidavits can be made part of the file.

It requires that affidavits shall be “made from personal knowledge of the affiant; shall set forth with particularity the facts (not opinion or conclusions).

The parties may, if they wish, use supporting affidavits. Supreme Court Rule 191
sets out the requirement for evidentiary affidavits. This is what an attorney might do in the right circumstance.

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3 comments

Asker

Posted

Thank you for that advice. But it was my understanding that if one made a statement through an affidavit they have to come as a witness. Is this not the case? That is great advice. Thank you.

Asker

Posted

Thank you for that advice. But it was my understanding that if one made a statement through an affidavit they have to come as a witness. Is this not the case? That is great advice. Thank you.

Alan James Brinkmeier

Alan James Brinkmeier

Posted

If you'd like to hire me for this specific purpose, to prepare affidavits that might be used in your court case, I imagine for a three to five hours of legal work this could be accomplished. You indeed are trying to get evidence that could be used in court, and, perhaps, it will require these affiants to attend and testify. But, a simple letter or series of letters is not evidence and the judge may simply not consider it or them.

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