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Family court summons *freakin out a little bit*

So to make a long story short my fiance hit my son....that was a whole BIG issue I was mad, family services was called, he was out the door. Move forward now 3 months later. They did not press charges against him. Today I get a summons in the mail saying I have to go to court to determin if I can have custody & control of my son. And stating the child is without proper care and custody. Which is freakin' insane considering Family services had come to my house & said everything looked great, they interviewed the daycare which said I'm a great mom, the kids are fine, and I even let them have inhome family services come to my house, because frankly I have nothing to hid & did not do anything wrong. Has anyone had this happen? any advice? Is this maybe just a way to close the case? should I get a lawyer?

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Anonymous

Asked by Anonymous at 2:23 PM on Jun. 19, 2010 in General Parenting

Answers (5)
  • Usually if they think everything is fine they close the case without going to court. (been there had that done) Since they actually want you in court I would talk to an attorney. I live in FL so your state may be different but they closed my case when they saw the charge was unfounded and we did not go to court for any formality. Just curious, is the dad wanting custody and maybe using this as grounds to get the kids?
    admckenzie

    Answer by admckenzie at 2:26 PM on Jun. 19, 2010

  • I was curious about that too admckenzie---Who is taking you to court,, the department of social services or you ex hubby? Something must have been said or done,,, I think you might need a lawyer,, esp if the husband is involved,, had you been having issues with him? The other thing the fiance might be lying about something,, they still feel they need to probe into,,,how old is your son,, and why did they not press charges? I will try to answer better when I have some more info,, thanks!
    kimigogo

    Answer by kimigogo at 3:24 PM on Jun. 19, 2010

  • Social services does not have to take you to court to seize the kids- they can (and almost always do) obtain an OT for the children, and will simply take them.
    Sounds like your ex made some claims, in which case, you'll want to get a lawyer. If the social services case is closed (and in most states they only have 45 days, so it should be. You'll have notification that you are not in the wrong, and unless he has a lot of dirt on you, you have nothing to worry about.
    ObbyDobbie

    Answer by ObbyDobbie at 5:40 PM on Jun. 19, 2010

  • Yes Get a lawyer. If they were simply closing the case they would close it and send you report stating that you are not guilty of neglect and/or abuse and that the case was closed. Your ex or someone they spoke to likely made claims against you though even in that case I know where I live they would have reinterviewed you before filing with the court and like someone said above they don't have to bring you to court to take your kid.
    Anonymous

    Answer by Anonymous at 10:18 PM on Jun. 19, 2010

  • If your fiance is still your fiance (or worse, your husband) then it's not going to be pretty.
    Pnukey

    Answer by Pnukey at 3:59 PM on Jun. 20, 2010

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