Question asked on March 7th, 2018
Q: My mother has a history of making false accusations about me to CPS. Usually her lies are seen through and any CPS cases are dropped. However, the last time she called them she told them I was using heroin. I have never used heroin a day in my life. Nonetheless CPS still came to investigate. They performed a drug test on me no opiates were found. Unfortunately my system wasn’t clean. They discovered marijuana & methamphetamine. This warranted them to take my son from me. I was set to get him back because despite of a the substances there were no signs of abuse or neglect. At the time I was renting my mothers house. She quickly filed an eviction notice which she brought up in court. putting me in a temp. situation that I could not provide shelter. Giving me no time to look for another place the courts turned my son over to care of his father in Ohio. His father had never been a part of our lives. my son is struggling in many area & his father punishes him by not let him talk to
A: The legal history leading to the current placement is not entirely clear, but the path to solving your problem seems pretty straightforward: (1) obtain a place to live; (2) get clean from any illegal drugs (telling a court “it’s not heroin, it’s only meth” will not get you very far); and (3) file a motion for return of your child to your home. Without any information about the legal history it is not really possible to be more specific, but you should act quickly; if the child’s placement elsewhere is longer than 6 months, other arguments could be made that could delay your reunification further.
If there is any way for you to do it, you should go over your situation, and all existing orders, with a family law specialist. If you cannot afford to hire or even consult with counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org). Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid. The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200. Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions. For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.
