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My child was removed by c ps her mother's house was raided my the d e a what's the probability of her getting my child back

San Diego, CA |
Attorney answers 3


There is very little likelihood if her getting the child back if she goes to prison. You need to file ex parte papers immediately to obtain custody.



If your child has been removed by CPS, then a Family Court proceeding is not appropriate. Both you and the mother will receive court-appointed counsel, and will have to take the steps required by the Court to reunify with your child. Either or both of you can also retain your own attorney if you so choose.

The likelihood of having the child returned to her care or yours' depends on the dedication of the mother and yourself, and also your attorneys' skills in showing the Court that your child is safe in the care of one or both of you.

Specifically, your willingness to engage in the reunification services offered by the Court, and your counsel's ability to both advise you as regards the actions you should take and his or her ability to advocate on your behalf are paramount.

There are also other vital steps which must be taken such as convincing the social worker or the Court to place your child with a relative if not with you.

Get yourselves good attorneys and you will have the best possible chance of success.

Best of luck,


Not only are her chances very poor, if you obtain placement you will not be allowed to let her be around the children. The mother is definately a risk to the safety of the children,

My offices does represent people from Avvo if they contact me but only in the Los Angeles, Orange, Ventura, San Bernardino and Riverside County in Southern California. The answers I give here are not meant to create an attorney client relationship. When accepting clients I conduct interviews face to face and they often take 30 minutes or more. I approach trials and issues from a legal and common sense approach, This is how the majority of judges I have appeared before in 40 years also make decisions. I do not intend by my advice to enter an attorney client relationship and in most cases advise to obtain legal representation. Sometimes if you can not afford it a consultation or limited scope representation is available. As an experienced attorney I can tell you, judges can be impatient, hate emotional arguments and over exagerations or lies. A brief outline of the problems and desired solutions is often best and I d0 limited scope representations advise clients on how to proceed at time of hearing or trial and my fees are considerably less when I do not appear in court as it takes much less of my time.

Richard Rossi Jacinto

Richard Rossi Jacinto


The Department of Children and Family Services will file a petition to have the child removed from the mother. However, in Children's Court the goal is to reunify children with the offending parent when it is safe to do so. Therefore, based upon the mother's compliance with the Court ordered programs will determine when and if she gets the child returned to her care. I have handled these cases as court appointed counsel and as private counsel and almost every case the parent had the child returned to the offending parent's child after completion of the court ordered programs.

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