Legal Question in Family Law in North Carolina

My daughter, who recently had a child, has been taken to a hospital for evaluation for Schizophrenia. In her dillusional state, she has made bizarre allegations about me, prompting Child Protective Services to remove grandson from my care. The allegations are unfounded and untrue, of course. The problem is, I've not been allowed to respond to the allegations. There was an initial hearing about my daughter and her child, but I was not allowed to speak during the hearing. There is another hearing coming up at the end of the week.

How do I get to respond to these false allegations if the judge doesn't let me speak?

Asked on 8/19/13, 6:15 pm

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.
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I am no fan of Child Protective Services. I find them often to be bullyish and too quick to jump to a conclusion but obviously they found something credible enough about the allegations to take the child away. You don't give the result of the initial hearing but I am assuming the 'bizare allegations' were substantiated sufficiently for a judge to not let you continue caring for the child. If you were not allowed to respond to the allegations then most likely it is because you have nothing to do with the case. In other words, you may never have had legal custody therefore there would be no reason for you to be involved in the matter. It therefore may be the case that as far as CPS is concerned they are simply taking the child away from a Schizophrenic mother and have no need or obligation to involve you if you never had legal custody.

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8/22/13, 11:22 am

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