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Why is Social Services Trying To Make Contact?

San Jose, CA |

So i went to court today, ex says i kicked 6 year old daughter and i leave her alone to take care of my infants... Judge called cps because ex made file mid-april about physical abuse, although interviewer confirmed with judge that there is no sign of physical abuse, and Judge ordered that mother and i go to mediation together. court ended at 1pm. Girlfriend says Social services placed a note for contact from my fiancee who lives with me and our two infants. Fiancee made point of contact and was told my ex today 05/8/2013 made a police report about bruises she found on our daughter. What to expect? I am not abusing her in any way. Mother got caught in several lies and mixing up stories at court with Attorney hired for mediation. im tired of this harassment, what can i do. i have 50% cstdy

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Attorney answers 3


You answered your own question: Social Services is investigating because the mother reported bruises on the child.

The rest of what you can / should do is hire an attorney to represent you in court and with social services. Also document all your interactions with your daughter and her mother and write incident reports (to share with your attorney only) as if you were a daycare center documenting accidents, bumps, bruises, etc.

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It appears your ex may have filed some sort of child abuse complaint against you with the County. You can meet with them, tell the truth, and get a copy of the court transcript. Otherwise, you can show that your ex has previously been lying about this topic, and present your evidence to the investigator.

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You need to consult an experienced family lawyer immediately. If Social Services is knocking at your door, someone (most likely the mother) filed a complaint. It doesn't matter who filed it -- it matters how you respond to it. For example, if the mother could not prove physical abuse but is able to prove that you ignore the 6-year-old when you're taking care of the infants, Social Services is going to have a major problem with that if no one is looking after her. While it is helpful to keep a journal and document everything, such as your interaction with your ex, your interaction with your 6-year-old, and anything said to and by Social Services, it is more important to have an attorney help you through this process. It's very frightening for most people to have Social Services show up at their door; it's a lot easier with an experienced family lawyer on your side. The lawyer can find out what has been going on in court and have it make sense to you. Social Services will also look at your house or apartment to see if it's clean, to see if there's enough food in the refrigerator, to see how your daughter is doing, and to see how the babies are doing. Do not tell your daughter what to say, although she can be told to tell the truth. They will want to talk to her and they will know if you've prepared her, which will be held against you. Your first move is to get a competent family lawyer who can help you right away.

Tina Tran, Esq. is licensed to practice law in the State of California. Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship with Tina Tran, Esq. To schedule a consultation, please call (925) 357-0431. Thank you.