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What happens after I rescind my signature on a CPS safety plan?

Mayville, NY |

My children were taken from their home based on a safety plan I was coerced into signing under the color of law. I've already written up an affidavit which explains what really happened and rescinds all signatures I've given them. Nothing has been done in court yet and I still have custody of them just not physical placement (supervised visitation). I'm delivering them to multiple people via certified mail with receipt. Does this mean I can go get my children once I submit them at the postal office?

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Attorney answers 2

Posted

You need to get an attorney ASAP.

I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. www.PatchogueAttorney.com You should not rely upon free legal advice and I disclaim any liability for the results if you do.

Posted

No, mailing an Affidavit will not undo what's been done, and you cannot simply go retrieve your children once they have been removed by CPS. I agree with Attorney Siepmann that you should get a really good attorney immediately and you should NOT act on your own in this case. Someone else has your children, and you should not expect that asserting your rights will get them back to you anytime soon. You can find contact information here on Avvo for an attorney who can help you. Good luck!

I hope you found this answer helpful and if so, please let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It’s easy and appreciated.

Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

Asker

Posted

Does it make a difference that they removed them from the home under the color of law?

Asker

Posted

I messed up that comment. They came into my home and told me [without a warrant and without the children being in imminent danger] that I had to sign a safety plan or they were going into foster care.

Asker

Posted

They said those were my only options and that they were not leaving until the children were out of the home.

Mary Katherine Brown

Mary Katherine Brown

Posted

I am not saying what they did was right, I am saying that if you want to get your children back, you'll have to fight on their terms, which means you really must get a good attorney to help you.

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