THE CPS HORROR STORY: The Contested .26 Hearing
WHY THE CPS HORROR STORY: The Contested .26 Hearing
They're trying to steal your children. The contested .26 hearing. Come with me and let me help you fight CPS.
The first hearing will be to inform the judge if you agree or disagree with the social worker's recommendations. If you don’t agree the court will set a trial/contest date for you to challenge the social worker's recommendations.
If the Recommendation is for adoption, you will immediately want to sit and discuss the case and your alternatives with your attorney. needless to say, permanently losing your children is an extremely important topic, and you need to know what can be done to stop or delay this from happening.
One of the first things I recommend is that the parent or parents file a 388 petition and ask for several different remedies. Most of the time, I request the return of the child, further family reunification services, additional visitation to increase the bond between the parent and children, or placement of the children with friendly relatives.
The strategies and steps to implement some or all of these alternatives should be discussed with your attorney, and if she or he is not willing to go through this process you may want to consider changing attorneys.
During this time frame, it becomes important that you have continuous and frequent visitation. A bonding study between you and the children is extremely important. You should request that your attorney arrange such a study with a local expert and in some cases, the court may be willing to pay for it under evidence code section 730. If not you may have to cover the cost.
This, and other things that may help you stop or delay the termination of your parental rights, will most likely be fought by the social worker, the social worker's attorney, and in a lot of cases, by the children’s attorney.
If you lose this hearing you should immediately ask your attorney to file the notice of appeal form. It is a two-page form and You have 60 days in which to file that form. The only hope that you may have to regain custody or to prevent an adoption is by way of this appeal.
So why do I share this great information with you? I share with you this information so that you will know what can be done when things go wrong in the courtroom.
I realize you’re likely seeing this because you have questions or concerns about your own matter. If your matter happened here in California, and you’re thinking about your situation, I invite you to pick up the phone and call me. You know I answer questions like yours almost every single day, and I’d love to talk to you. You can reach me at 888-888-6582 or by email at v@vwdlaw.com.
We will file the right legal documents and briefs to give you the best chance of getting your children back.
That’s if for today’s video, have a wonderful day!
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