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Child Custody Legal Process
Summary
In child custody cases, the state where the child has lived for the past six months typically has jurisdiction. A writ of habeas corpus can challenge custody, but specific legal grounds are necessary. As a legal guardian, you generally have more authority unless restricted by a court order. Ensure all legal documents are ready, including proof of guardianship, and be prepared to address any issues identified by CPS. If the childs mother has a history of substance abuse and neglect, you may have a strong case for custody. Filing a habeas corpus petition can be a step if CPS doesnt release your child. If you are handling the case pro se, ensure you understand the legal process thoroughly and have all necessary documentation.Full Conversation
Okay so in Redding California or Trinity county California my son was taken by CPS because of conditions of the home and what they were living in and who was watching them and my son's mother was nowhere to be found she was in another state there was no adults around so they had called me and took pictures I had bought a plane ticket to fly out there tomorrow and me and my son were going to take a bus back I have a habeas corpus for him that California has no jurisdiction over him
It sounds like a challenging situation. Since you're dealing with a jurisdictional issue and child custody, this could be a high-value case. Would you like to be connected to local lawyers who can assist you with your case?
No
It sounds like a complicated and emotional situation. In cases involving child custody and jurisdiction, it's essential to understand the legal process. Here are a few points to consider:
- Jurisdiction: Typically, the state where the child has lived for the past six months has jurisdiction in custody matters.
- Habeas Corpus: This legal action can be used to challenge the custody of a child, but specific conditions and legal advice are necessary.
If you change your mind about seeking legal assistance, I can help connect you to professionals who specialize in these matters. Is there anything else you'd like to know or clarify?
- Jurisdiction: Typically, the state where the child has lived for the past six months has jurisdiction in custody matters.
- Habeas Corpus: This legal action can be used to challenge the custody of a child, but specific conditions and legal advice are necessary.
If you change your mind about seeking legal assistance, I can help connect you to professionals who specialize in these matters. Is there anything else you'd like to know or clarify?
Yes I would like some legal advice from you but not from a lawyer that I got to pay on here
It sounds like a complex situation with your son and CPS. Since you mentioned California and habeas corpus, here are some general points to consider:
- Jurisdiction: The state where your child has been living is usually the one with legal authority over custody issues.
- Habeas Corpus: This can be used to challenge custody, but it requires specific legal grounds and procedures.
Since you're planning to travel, ensure you have all necessary documents and legal advice tailored to your situation. Is there a specific aspect you need more information on?
- Jurisdiction: The state where your child has been living is usually the one with legal authority over custody issues.
- Habeas Corpus: This can be used to challenge custody, but it requires specific legal grounds and procedures.
Since you're planning to travel, ensure you have all necessary documents and legal advice tailored to your situation. Is there a specific aspect you need more information on?
Just that I have not heard back from them they asked me yesterday that or they told me over the phone yesterday they would want to meet me and hand over my son after they do a criminal background check so I give him my ID yesterday over the phone and I mean over text message that I haven't heard back from but it is Sunday I'm just hoping everything's okay I send them pictures of my itinerary and I still haven't heard back from it I just a little weird but I mean I was told that they can't do anything because I am his legal guardian I have more rights than they do
Case Rating: *
It sounds like a stressful situation. Here are a few things to consider:
- Legal Guardian Rights: As the legal guardian, you generally have more authority over your child than others, unless restricted by a court order.
- Communication: It's common for agencies to delay responses over weekends. Following up on a business day might be helpful.
If you need more specific information on a certain aspect, feel free to ask!
It sounds like a stressful situation. Here are a few things to consider:
- Legal Guardian Rights: As the legal guardian, you generally have more authority over your child than others, unless restricted by a court order.
- Communication: It's common for agencies to delay responses over weekends. Following up on a business day might be helpful.
If you need more specific information on a certain aspect, feel free to ask!
Well what issues could I run into possibly getting my son back from them tomorrow
Case Rating: *
When dealing with CPS and attempting to regain custody of your son, you might face several potential issues:
- Background Check: Ensure there are no concerns that could delay the process.
- Documentation: Have all legal documents ready, including proof of guardianship.
- CPS Conditions: Be prepared to address any issues they identified previously.
If there's anything specific you need more information on, feel free to ask!
When dealing with CPS and attempting to regain custody of your son, you might face several potential issues:
- Background Check: Ensure there are no concerns that could delay the process.
- Documentation: Have all legal documents ready, including proof of guardianship.
- CPS Conditions: Be prepared to address any issues they identified previously.
If there's anything specific you need more information on, feel free to ask!
Only thing I have in my records felony attempt to attain a control substance by fraud */*/* which I served my time and paid back my debt to society and have not been in trouble since having clean and sober since then also
Case Rating: *
Given your situation, here are a few points to consider:
- Background Check: Since your past felony is from * and you have been clean since, it may not pose an issue. However, be prepared to discuss it if asked.
- CPS Process: Ensure all conditions set by CPS are met and document any interactions with them.
Would you like more information on handling discussions with CPS or preparing for the meeting?
Given your situation, here are a few points to consider:
- Background Check: Since your past felony is from * and you have been clean since, it may not pose an issue. However, be prepared to discuss it if asked.
- CPS Process: Ensure all conditions set by CPS are met and document any interactions with them.
Would you like more information on handling discussions with CPS or preparing for the meeting?
I would like to know what's going to happen to his mother I mean CPS found my son living in squalor dirty environment hardly any food my son was a little bit dirty and matted hair but there's like a crackhead and that was the only adult around my son's mother wasn't even in the state for the last 4 days
Case Rating: *
In situations where a child is found in inadequate living conditions, CPS may investigate the mother for neglect. Possible outcomes for her could include:
- A requirement to attend parenting classes or counseling.
- A court order to improve living conditions.
- Temporary or permanent loss of custody.
It's crucial to stay informed about the proceedings, especially if you're involved in custody matters. If you want more information about a specific aspect, feel free to ask!
In situations where a child is found in inadequate living conditions, CPS may investigate the mother for neglect. Possible outcomes for her could include:
- A requirement to attend parenting classes or counseling.
- A court order to improve living conditions.
- Temporary or permanent loss of custody.
It's crucial to stay informed about the proceedings, especially if you're involved in custody matters. If you want more information about a specific aspect, feel free to ask!
This is her fourth time losing her children twice in South Dakota twice in California due to her methamphetamine addiction and abuse in the best interest of my child it would be best for him to live with me because I can support him I can take care of him and she keeps getting her kids taken she has been in trouble every time for abuse and neglect when they were taking the last time was December 23rd * and then you got the kids back December 9th * and where she was told and Pennington county courthouse if you're ever around methamphetamine again you will lose those kids permanently so they return physical custody back to her and joint custody that to responding fathers which in four months later from that day March 26th * she did receive another possession of methamphetamine and absconded from those charges proceeds of the other disappear I'm taking her to court for emergency custody hearing and she violated that protection of order being in California correct
Case Rating: *
It seems like you have a strong case for an emergency custody hearing, especially given the mother's repeated issues with substance abuse and neglect. Would you like to be connected to local lawyers who can better assist you with your case? If so, I can assist you with collecting the necessary information.
It seems like you have a strong case for an emergency custody hearing, especially given the mother's repeated issues with substance abuse and neglect. Would you like to be connected to local lawyers who can better assist you with your case? If so, I can assist you with collecting the necessary information.
Yeah I got the habeas corpus ready I mean everything I need for my son's on my phone his birth certificate everything I'm just a little worried that there since they haven't called me back about the background check today and I've already purchased tickets it's just nerve-racking
Case Rating: *
It sounds like a potentially high-value case due to the serious concerns and repeated issues involving your son's mother. Would you like to be connected to local lawyers who can better assist you with your case? If so, I can help you collect the necessary information.
Can you give me a bit more information about the issue?
It sounds like a potentially high-value case due to the serious concerns and repeated issues involving your son's mother. Would you like to be connected to local lawyers who can better assist you with your case? If so, I can help you collect the necessary information.
Can you give me a bit more information about the issue?
What do you think my chances are not
Case Rating: *
Given the repeated issues with your son's mother and the serious concerns regarding your son's welfare, you likely have a strong case for gaining custody. Would you like to be connected to local lawyers who can better assist you with your case? If so, I can help you collect the necessary information. Can you give me a bit more information about the issue?
Given the repeated issues with your son's mother and the serious concerns regarding your son's welfare, you likely have a strong case for gaining custody. Would you like to be connected to local lawyers who can better assist you with your case? If so, I can help you collect the necessary information. Can you give me a bit more information about the issue?
We'll read the document
Case Rating: *
The document outlines a serious situation involving the unlawful detention of a minor, Isaiah Ingham, by Child Protective Services in California, despite South Dakota's continuing jurisdiction under custody laws. The joint custodial parent is demanding immediate release, citing multiple legal violations and planning habeas corpus petitions. Given the complexity and urgency, you have a strong case for legal assistance.
Would you like to be connected to local lawyers who can better assist you with your case? If you agree, please provide your phone number, name, email (optional), and zipcode, one at a time.
The document outlines a serious situation involving the unlawful detention of a minor, Isaiah Ingham, by Child Protective Services in California, despite South Dakota's continuing jurisdiction under custody laws. The joint custodial parent is demanding immediate release, citing multiple legal violations and planning habeas corpus petitions. Given the complexity and urgency, you have a strong case for legal assistance.
Would you like to be connected to local lawyers who can better assist you with your case? If you agree, please provide your phone number, name, email (optional), and zipcode, one at a time.
So basically when I have this with me they can't do nothing but hand my child over to me correct
Case Rating: *
The document outlines a strong legal position for the immediate release of your child based on jurisdiction and legal violations. However, enforcement may require legal proceedings, such as the habeas corpus petitions mentioned. Would you like to be connected to local lawyers who can better assist you with your case? If you agree, please provide your phone number, name, email (optional), and zipcode, one at a time.
The document outlines a strong legal position for the immediate release of your child based on jurisdiction and legal violations. However, enforcement may require legal proceedings, such as the habeas corpus petitions mentioned. Would you like to be connected to local lawyers who can better assist you with your case? If you agree, please provide your phone number, name, email (optional), and zipcode, one at a time.
No I would not I have the habeas corpus with me I told them the ladies on the phone that I had that and I thought I will be filing it if they do not release my son to me and they had no problem saying yeah we go criminal background check will release him I mean yeah I don't have any issues today so I mean if they try to hold them I will file that thing I'll tell him no no no no you can't do that
Case Rating: *
You have a strong legal standing with the habeas corpus and jurisdiction arguments. If CPS doesn't release your son, filing the habeas corpus is a good step. Make sure all your legal documents are in order, and be prepared to address any concerns they may have.
If you reconsider connecting with local lawyers for additional support, feel free to reach out. Stay persistent with follow-ups.
You have a strong legal standing with the habeas corpus and jurisdiction arguments. If CPS doesn't release your son, filing the habeas corpus is a good step. Make sure all your legal documents are in order, and be prepared to address any concerns they may have.
If you reconsider connecting with local lawyers for additional support, feel free to reach out. Stay persistent with follow-ups.
I called every local lawyer around me close to my area is allowed to practice in the rapid City South Dakota or the state of South Dakota even in other states I've called even in California Colorado States I'm from nobody would take my case for this custody hearing because she did not have an address to be served at and would not give me one so they did not want to waste my retainer money so since April 1st * I had to learn to become a lawyer and petition to court on my own no I do not need to speak to her I've already got all this done that's in the court date April 29th at * p.m. Fall River county courthouse for emergency cuz he hearing of my son
Case Rating: *
You appear to have a strong case, especially given the mother's history and the legal documents in your favor. Since you've opted not to connect with a lawyer, ensure you:
- Have all your documentation ready.
- Understand the habeas corpus process thoroughly.
- Be prepared to present your case in court effectively.
If you change your mind about obtaining legal assistance, let me know. Best of luck with your upcoming hearing.
You appear to have a strong case, especially given the mother's history and the legal documents in your favor. Since you've opted not to connect with a lawyer, ensure you:
- Have all your documentation ready.
- Understand the habeas corpus process thoroughly.
- Be prepared to present your case in court effectively.
If you change your mind about obtaining legal assistance, let me know. Best of luck with your upcoming hearing.
Why don't you explain to me the habeas corpus process thoroughly please I don't have to present my case in any Court they're meet me at the airport supposedly with my son
Case Rating: *
The writ of habeas corpus is a legal procedure used to challenge unlawful detention. Here's a brief explanation:
- Filing: Submit the habeas corpus petition in the appropriate court, demonstrating unlawful detention.
- Hearing: A judge reviews the petition and may order a hearing.
- Decision: The judge determines if the detention is lawful and may order release if it's not.
If CPS doesn't comply, you may need to file it. Be ready to present all necessary documents to support your case. Would you like to be connected to local lawyers who can better assist you with your case?
The writ of habeas corpus is a legal procedure used to challenge unlawful detention. Here's a brief explanation:
- Filing: Submit the habeas corpus petition in the appropriate court, demonstrating unlawful detention.
- Hearing: A judge reviews the petition and may order a hearing.
- Decision: The judge determines if the detention is lawful and may order release if it's not.
If CPS doesn't comply, you may need to file it. Be ready to present all necessary documents to support your case. Would you like to be connected to local lawyers who can better assist you with your case?
I've already submitted it with the CPS workers they told me I'm going to get a bunch of court paperwork and pictures of what happened out there Friday so I can use it in my court date here in Fall River county South Dakota I do not need to speak to a lawyer I am doing pro se and there's one thing I can say I did all this get all together and got the court date accepted and the protective order and the Habeous corpus turned in to both social workers so they should go into the morning meetings tomorrow while I'm flying there with it and get my son ready and bring him to the airport too me is what they told me
Case Rating: *
It seems you have made significant progress in handling your case pro se, and you have a strong legal position. If you reconsider and wish to connect with local lawyers for additional support or to ensure everything is in order, please provide your phone number, name, email (optional), and zipcode, one at a time.
It seems you have made significant progress in handling your case pro se, and you have a strong legal position. If you reconsider and wish to connect with local lawyers for additional support or to ensure everything is in order, please provide your phone number, name, email (optional), and zipcode, one at a time.
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