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How should I explain to a judge my side of the story in a CPS case?

Fayetteville, NC |

My great nephew was placed with me for safe kinship placement. After three months CPS requested for him to be placed in a foster home because myself and other family members didnt agree to reunification with the mother. I was told by CPS that I should help the mother after court. In the beginning when the child was placed with me there was alot of confusion from the worker. She was clearly against mom and didnt think she should get the child. Myself and family later filed a complaint against the worker and had her removed for her hand in all the confusion. I feel like removing the child from me was retaliation. I practically raised this 8mth baby since birth. I wasnt even given opportunity to visit with him. Court is 3mth away. I just want visitation or to be consider as respit .

Attorney Answers 1

Posted

You can bypass DSS completely by filing a custody action. DSS is involved with the mother and if you have legal custody (court ordered custody) you can skip all of the annoyances of DSS. However, this is very complicated and time consuming. You will need to hire an experienced family law attorney. My law partner is a good example.

The information provided by Attorney Matthew V. Silva is based upon the generic and ambiguous facts presented in short questions. Without a full consultation with an attorney, you should not rely upon any information presented in this forum. The intricate facts of every case are different. The information provided is not legal advice and should not be the basis of any decision without the actual guidance of an attorney. Further, any information provided by Attorney Matthew V. Silva should not be perceived as a willingness to represent you or actual representation. If you would like to speak with Attorney Matthew V. Silva, please call Silva and Sweet, PLLC at 910-333-9833 or visit www.silvaandsweet.com.

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4 comments

Asker

Posted

I only had temporary custody based on safe kinship placement through dss. Technically dss has custody.

Matthew Vernon Silva

Matthew Vernon Silva

Posted

I assumed that. What I am suggesting is that you hire an attorney to take FULL custody of the child.

Asker

Posted

Ok, but their is a father of the child involved as well and they live seperate. Dss placed the child with the fathers mother. Its a long dragged out situation and I would love to find an attorney that I could explain the whole story to and see what I can do.

Matthew Vernon Silva

Matthew Vernon Silva

Posted

I think the guy you should be talking to is Nathan Sweet. He handles family law and is a great source. I don't know if I can give you his contact information on this site, but if you do a search for Silva and Sweet, PLLC, you shouldn't have any problem finding his number.

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