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cps was let into home by other person living there, how to fight their bogus claims?

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HilarityClinton

Junior Member
I'm in missouri.

cps came into our room (wife and husband) with cops and took our 4 month old. They said there was no heat in the house (this is at the tail end of winter) and that there was mold everywhere and mice, and that we were neglectful and put the child in imminent danger. The grandpa of the child let them in feeling threatened. Can we use our fourth amendment to void their claims? They wrote in the protective custody petition that we had mold throughout the house and the upstairs (where our room was) but there is no mold at all in the house. They may have said that in regards to finding an over ripened fruit or 2....Since we live in the home with other we keep food upstairs where there are no mice, can they say we are dirty for eating in our room? We also had rice and squid that we were eating and they called it moldy because the rice looked purple/black (this is normal asian food, and i feel we were insulted. other cultures dont grill squid, they turn it white by making it into calamari, but we grilled it and used lemon so it looked like mold to them and they are going to claim it was mold with their pictures they took.) The cop who was in the room claimed the heater we had (an electric one) was a hazard; he clearly acknowledged that we had a heater, and it was running when they came in and let in all the cold air. Can they claim the house had no heat because the furnace was broken? Why doesn't it matter that we had electric heaters?
They want to also claim the child is in danger because of clutter, but the child wasn't able to walk or crawl yet and was always under constant supervision by wife and I (no danger of crawling around and putting things in mouth yet)...will the bench judge ignore this fact and just interpret law separately of actual logic and facts? can the judge act like there was no heat because the furnace didnt work (the furnace broke twice and twice we had it fixed in the winter, then broke a third time near the tail end of winter and we just didn't care about it anymore; it could be the poeple who 'fixed' it just wanted to keep 'fixing' it by making sure it broke again so they could come by and make more money.) Theres also no law saying you cant have food in your room, which they seem to imply is equal to rotting food (i guess since they dont know about squid, all our food is rot to them.)
The last thing is the mice, we have maybe about 6 mice in the home, but now down to around 2....can they take away a child because of mice? We don't feel there was any imminent danger. What do you guys suggest....can the 4th amendment be used since we didn't let them in?
 


HilarityClinton

Junior Member
also, how to deal with lawyer

how do me and my wife deal with the lawyer?

we each have our own lawyer and they want to treat us separately but i feel like we should be the center of all decisions and use our lawyers to synchronize with us instead of having them treat us separately and drag us in their own directions as if we are some sort of divorced couple (we arent actually married but we are much more sane and well bonded than most 'married' people would ever be.)
 

Ohiogal

Queen Bee
how do me and my wife deal with the lawyer?

we each have our own lawyer and they want to treat us separately but i feel like we should be the center of all decisions and use our lawyers to synchronize with us instead of having them treat us separately and drag us in their own directions as if we are some sort of divorced couple (we arent actually married but we are much more sane and well bonded than most 'married' people would ever be.)
You have counsel -- ask your attorney. And the attorneys should treat you separately. And she ain’t your wife if you are not married which means also that you have no credibility.
 
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CJane

Senior Member
Why refer to yourselves as "husband and wife" when you're not married? Missouri doesn't recognize common law marriage, so you can't even claim that.

In other news, someone had to call DSS to show up at the house, they didn't just do it randomly. And a household member allowed them in, so your Constitutional Rights weren't violated. And... a cluttered/dirty room, heated with a potentially unsafe space heater, where an infant is essentially living (if you're eating/sleeping/hanging out in the room), in a house that is otherwise infested with mice sounds a LOT like imminent harm.

And for the record, if you THINK you have "around 2" mice, you probably have something approaching hundreds. Especially if you're storing food in the cluttered/dirty bedrooms.
 

HilarityClinton

Junior Member
UUmmm.... unrefrigerated seafood?

i should clarify that they barged in on us while we were eating and tried to call our food mold.

also, i wasn't aware that certain naming conventions could not be used on this site...nowhere else have i been called out for this name. If im being called disresepctful because the name could be in reference to someone, I should remind those that the name is misspelled and refers to no one in particular.
 

Ohiogal

Queen Bee
i should clarify that they barged in on us while we were eating and tried to call our food mold.

also, i wasn't aware that certain naming conventions could not be used on this site...nowhere else have i been called out for this name. If im being called disresepctful because the name could be in reference to someone, I should remind those that the name is misspelled and refers to no one in particular.
And you have no credibility because you said your wife when you aren't even married. You have issues. You also have counsel. Talk to your counsel. And truthfully you both need separate counsel because at some point, your interests may very well NOT align.
 
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