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

Asked almost 3 years ago - 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)

  1. Alan James Brinkmeier

    Contributor Level 20

    Answered . 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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