Legal Question in Juvenile Dependency in California

No case filed, petition who for return of children?

children were taken october 28, 2002 by cps, children placed voluntarily with non blood relation inlaws who are trying to force a guardianship refuse to give children back to mother. no case filed with juvenile court regarding children or dependency. how would a person petition the court for return of custody, and would this be the person vs. the state of california or person vs. child protective services since the children have do not have a case pending in juvenile court?

Asked on 8/13/03, 9:18 am

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law
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Re: No case filed, petition who for return of children?

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Take law enforcement, the children's birth certificates, and your identification with you when you go to pick up the kids. If they refuse to give up the kids, tell the cops that you want to press charges for custodial interference and/or kidnapping.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

Read more
8/25/03, 3:25 am

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