CPS says there isn’t any case against me. However, the police believe my sister and won’t give my child back. I even called CPS, and they confirmed that I still have custody of my son. I’ve been checking the court system (LINX) all day and can’t find any record of a custody case against me. Could a family law attorney help me?
This could be a CINA (Child in Need of Assistance) or FINA (Family in Need of Assistance) case… but there’s a lot of missing information here.
You should report this as kidnapping with intent to cause harm. Your sister has no rights over your child, and her actions could result in criminal penalties. You need to protect your child—your sister doesn’t sound mentally stable.
Clove said:
Contact them ASAP.
Who are ‘them’?
Have you tried going to your sister’s house to get your child? The police usually won’t retrieve your child for you in situations like this unless there’s a clear custody order.
Could a family law attorney help? Yes.
There’s a lot of missing information here.
This doesn’t make sense. If you have your child’s birth certificate and there isn’t a court order stating otherwise, the police should let you have your child back. Something is missing here.
There’s got to be more to this story.
Yes, a family law attorney can help. Some attorneys offer free consultations. You can also try these options for legal assistance:
The police tend to stay out of these situations. It’s not that they believe her—they just see it as a civil matter and don’t want to get involved. If your sister did file for emergency custody, it would be an ex parte motion, and she would be required to notify you and serve you with the request.
@Toni
How is it a civil matter if her sister has kidnapped her child?
Kai said:
@Toni
How is it a civil matter if her sister has kidnapped her child?
It’s likely a civil matter if it’s related to custody issues, meaning a civil court case would be open.
Kai said:
@Toni
How is it a civil matter if her sister has kidnapped her child?
It seems like OP may be leaving out some information.
This doesn’t add up. The police won’t get involved with something like a registered boat on someone’s property, which they consider a civil matter. But they supposedly took your child with no proof? Something doesn’t make sense here.
@Bennet
The cops didn’t take the child; the sister did, and now the police won’t get involved.
Ziv said:
@Bennet
The cops didn’t take the child; the sister did, and now the police won’t get involved.
If that’s the case, just pick your child up after school and bring them home. Let the school know she’s no longer permitted to pick up your child.
@Bennet
I’m sure OP thought of that at some point!
Ziv said:
@Bennet
I’m sure OP thought of that at some point!
If that was the case, they wouldn’t be asking on Reddit.
Is there more to this story?
Has CPS been involved before? Are there any emergency custody orders in the past? Does your sister have some form of guardianship?
If you haven’t had any CPS involvement, did your sister just suddenly take your child?