how do i get the judge to listen to me in cps case with out a lawyer

by Fanny Berge Published 2 years ago Updated 1 year ago 5 min read

If you are in a court case and want a judge to revisit a previous case, you can file a motion to reopen. For example, you can write something like, "The Defendant, Tina Johnson, in the above-captioned case, respectfully requests that the court hear her pleas regarding custody concerns."

Full Answer

How do I talk to a CPS lawyer?

Jan 23, 2016 · During the hearing you may be asked questions by the judge about events leading up to CPS becoming involved. If you do not have a lawyer, it is important to say very little about the events or even to decline to answer any questions without a lawyer. CPS will likely use any statements you make at this hearing to keep your children in the system.

Can I have a court appointed attorney in a CPS case?

Thank you. And if you know any attorneys near me that offer free consultations, I would greatly appreciate the information. As a sidenote, the GAL in the case has had numerous clients and defendants in the court complain about collusion and extracurricular activities between a specific judge (mine) and herself.

How to get a judge to listen to your case?

Nov 08, 2010 · Shawn, I suggest you get a lawyer to act as go-between between you and the CPS agent as quickly as possible. Having a lawyer is the #1 means of making a CPS case go away in the early stages. No, you don’t need to sign or do a service plan if it is not court ordered. However if you refuse your caseworker may take this to court and take your child.

What to do if CPS is violating your court order?

Whenever a client asks me how to act in court I always smile and think that person must have led a pretty good life to that point to never have had to enter a courtroom for any reason. The fact of the matter is that most of the time when you have to go to court it is for something that you would prefer to not be there for. A Child Protective Services (CPS) case is an example of one of those ...

How do you beat CPS in Texas?

In many circumstances, the best way to beat the case is to go for a dismissal. In Texas, a Child Protective Service case may be dismissed should the judge deem there to be a lack of evidence to warrant such an investigation or indictment, or if CPS is satisfied that certain circumstances are met.Dec 30, 2020

What are my rights with CPS in Texas?

You have the right to talk to your CPS caseworker. Communications with the caseworker are not confidential and anything you say can be used in court. If CPS has filed a lawsuit against you to take your children, you have the right to a court-appointed attorney if you cannot afford an attorney.Dec 29, 2021

How do I file a complaint against a CPS caseworker in Texas?

Telephone: Call (800) 720-7777, Monday-Friday 8:00 am to 4:30 pm. Online Form: Send your questions or complaints online with our Case-Specific Question and Complaint Form. Printable Form: Fill out and send the DFPS Case Complaint FormPDF Document by email attachment, fax, or standard mail.

How do you win the DCFS fight in Illinois?

How To Fight Your DCFS Case? We can help you fight and WIN! The case will go to an administrative hearing, followed by a recommendation on a potential termination of parental rights. The appeal can go through the circuit court all the way to the appellate court.

How long does a CPS case stay on your record in Texas?

If the Department of Child Safety received a report before September 1, 1999, and determined that the report was substantiated, the department shall maintain the report in the central registry until 18 years from the child victim's date of birth.

Do I have to take a drug test for CPS in Texas?

At the beginning of every CPS Investigation, CPS loves asking parents to go and take drug tests; whether there are allegations of drug use or not. This is one of their methods of fishing for enough information in order to take kids out of your home and put them into state-run foster care.Oct 4, 2021

Can you sue someone for making false claims to CPS Texas?

Under Texas Family Code § 261.107, making a false report of child abuse with the intent to deceive is a state jail felony. The charges are elevated to a third-degree felony if the individual has previously been convicted for making false child abuse reports.Aug 2, 2021

Can I sue CPS Texas?

Unfortunately, unless your civil rights are violated, you likely won't have any legal claim against Child Protective Services. Typically cases don't come out of the agency's day-to-day processes or its representative's routine actions. So, you likely won't be able to sue for emotional distress.Mar 8, 2017

Who governs CPS in Texas?

DFPS's rulemaking authority is established by Title 10 of the Administrative Procedures Act (APA). The following parts of the Texas Administrative Code contain the agency rules under which CPS and CPI operate: Title 40, Chapter 700 (Child Protective Services)

Can you sue DCFS in Illinois?

DCFS may be liable in the event a child for which it is responsible is injured or dies. The attorneys of Hale & Monico fight to hold DCFS accountable and demand the justice that children deserve.

Can DCFS drug test you in Illinois?

The best option for CPS hair follicle drug test in Illinois

It is a known fact that the DCFS conducts urine or swab drug tests for the parents who are accused of drug abuse. But for confirmation, the DCFS may conduct a hair drug test that can hardly be cheated.Jun 4, 2021

What do you do if someone files a false DCF report in Illinois?

DCFS may then directly report the knowing transmission of a false report to the State's Attorney of your County for subsequent prosecution. If DCFS does not report the crime, you can contact your local police and/or State's Attorney to report the crime.Apr 1, 2022

Does a CPS case involve you?

A CPS case does not just involve you and your child. Your family and friends are affected by the investigation as well. As a result, you need to circle the wagons and have these folks help you do what it takes to reach a successful conclusion to your case.

Do courthouses in Texas come in all sizes?

Courtrooms in Texas come in all shapes and sizes. The more populous the county where you reside the more likely you are to find yourself in a newer, bigger building that make look a whole lot like courtrooms you’ve seen on TV or in the movies. On the other hand, if you live in a smaller county your courthouse is likely to be more modest- without the trappings of a big city courthouse.

How long does a CPS investigation last?

5 Things CPS Can Legally Do. A CPS investigation can last for up to 18 months! During this time, there are some things that CPS might attempt. If you’re unsure about the legality of how CPS is conducting an investigation, you can always call a lawyer to get legal advice on the situation.

Can CPS take your child away?

If the social worker does deem your household or a member of the family to be a direct threat to a child, they can take your children away. Taking children away isn’ t the first solution for C PS.

Can a social worker take your child away?

If the social worker does deem your household or a member of the family to be a direct threat to a child, they can take your children away. Taking children away isn’t the first solution for CPS. It’s traumatizing for both the family and the children, and is normally the last resort.

What happens if you don't speak English?

If you do not speak English, you have the right to an interpreter. Caregivers have the right to talk to their caseworker candidly about the ongoing investigation. However, parents and caregivers should remember that these exchanges are not confidential and can be used in court.

Does CPS win in family court?

CPS usually wins; however, if the court orders the transfer you should also file in family court so when the CPS order expires the family order keeps the kids with you.

What does it mean when a child is placed with you?

The fact the children are placed with you means you should consider pursuing a modification of physical custody and possibly legal custody to protect the children. You can do that if there has been a "substantial and continuing change in circumstance that materially affects the well-being of the children.".

Can you contact a judge outside of court?

For most court cases, ex parte communication is strictly prohibited, as it can impact the decision of the case. If you are currently in a case, you are not permitted to contact a judge outside of the courtroom. Instead of contacting the judge directly, you can file a written motion.

How to write a letter to a judge?

Write a letter to a judge as long as you are not in a current case. To start the letter, indicate what the letter is regarding, and identify yourself and your profession. Then, tell the judge what you want and provide reasons why they should grant your request. Don’t forget to address the envelope before you send it.

How long does it take to respond to a motion in court?

If the other party has a lawyer representing them, provide the copy of the motion to the lawyer. The other party has 15 days to file a written response regarding your motion. After the other party responds, the motion transfers to the judge so they can make their decision.

What is ex parte communication?

Before you contact a judge, ensure you are not in a current court case. “Ex parte” communication happens when someone involved with the case communicates directly with the judge. Ex parte communication is not allowed and could negatively affect your case. Instead, file a motion to a judge if you are in a current case and want ...