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If you win a lawsuit against CPS; Can that reverse actions taken in court?

Oakland, CA |

I have a strong law suit against CPS. I'm currently in a dependency case however. They terminated services and have a 366.26 hearing set in June. I want to pursue this lawsuit and time is running slim. If I do win a lawsuit, will that reverse the trial courts actions? Such as removal? or Termination of rights?

Attorney Answers 2

Posted

That depends on what you're suing CPS for and what remedies you're seeking. What does your own litigator say?

I'm only licensed in CA. Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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Posted

Ultimatly I want to seek my children to be returned home.. I also want to make sure that this situation never happens again. I have a public defender who said in the beginning that I had documentation that would indicate the social worker needing to be held accountable but never got back to me. I'm not rich and I will go pro per if I have to. I've done a lot of research and I know a lot of legal issues were addressed improperly. I just wish I knew how to write it.

Posted

No where near enough information to answer this question. Highly unlikely that you have a potentially successful claim against CPS (they have a lot of immunity and rights) or that will overturn other courts orders, but you need to review this with an attorney in depth.

Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship.

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