Court Hearing in Ne

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bigjoey38
Posts: 9
Joined: Wed Sep 25, 2013 5:02 pm

Court Hearing in Ne

Postby bigjoey38 » Sat Oct 12, 2013 8:26 am

Son received a summons and needs to appear in court in a few weeks... It looks like CPS feels that the mother ( His x-wife) is unfit at this time to care for her children.
They are in foster care. There are five children involved but one is my sons. Does this mean that the court can grant temporary custody to my son?

The mother has full custody, however my son, his father is active in the childs life.

I don't believe this is for " termination of parental rights"

As a grandparent I am concern. Would like my grandchild to go with my son or us ( the grandparents) as we have the means to care.

Relative Placement for Foster Care and Guardianship
Citation: Rev. Stat. §§ 19-3-508; 19-3-605
If the court finds that placement out of the home is necessary and is in the best interests of the child and the community, the court shall place the child with a relative; that relative can include the child's grandparent.
Following an order of termination of parental rights, the court shall consider, but shall not be bound by, a request that guardianship and legal custody of the child be placed with a relative of the child. When ordering guardianship and legal custody of the child, the court may give preference to a grandparent, aunt, uncle, brother, sister, half-sibling, or first cousin of the child when such relative has made a timely request and, the court determines that such placement is in the best interests of the child.

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LindaJM
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Re: Court Hearing in Ne

Postby LindaJM » Sun Oct 13, 2013 5:33 pm

You do have kinship care rights over a foster parent. Have you discussed this with the CPS caseworker? Sometimes they will agree. Other times you might need to force the issue by trying some kind of legal action. For now, just see if they'll agree to allow you to be your grandson's placement. You might need a lawyer if they won't agree.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

bigjoey38
Posts: 9
Joined: Wed Sep 25, 2013 5:02 pm

Re: Court Hearing in Ne

Postby bigjoey38 » Mon Oct 14, 2013 1:13 pm

Hopefully when we go to court on October 28, 2013 we will learn more. My son is going to call this week and hope we can meet with the case worker in the afternoon.

I did send a letter to CPS office but have not received a call.

I know they have been bringing the kids to there mother for visitation about 3 times a week.
Last edited by bigjoey38 on Mon Oct 14, 2013 1:23 pm, edited 1 time in total.

bigjoey38
Posts: 9
Joined: Wed Sep 25, 2013 5:02 pm

Re: Court Hearing in Ne

Postby bigjoey38 » Mon Oct 14, 2013 1:14 pm

bigjoey38 wrote:Hopefully when we go to court on October 28, 2013 we will learn more. My son is going to call this week and hope we can meet with the case worker in the afternoon.

I know they have been bringing the kids to there mother for visitation about 3 times a week.



Wanted to Say thanks for your input Linda.

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family_man
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Location: TX

Re: Court Hearing in Ne

Postby family_man » Thu Oct 17, 2013 5:47 pm

Are they trying to terminate both parents' parental rights? Are they claiming you son is an unfit father? If they terminate the mother but not the father, then the father would be awarded full custody.
Disclaimer: I am not an attorney, and this is not legal advice.

bigjoey38
Posts: 9
Joined: Wed Sep 25, 2013 5:02 pm

Re: Court Hearing in Ne

Postby bigjoey38 » Sat Oct 19, 2013 12:53 pm

Right now its just temp removal from home. Mother has full custody. Kids are in foster care.

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family_man
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Location: TX

Re: Court Hearing in Ne

Postby family_man » Fri Oct 25, 2013 12:50 pm

Sorry, I misread your original post. However, if the kids are in foster care, it generally means that the state (CPS) has temporary custody over them.

As Linda said, it's up to the CPS case worker (and her supervisor) to decide whether to place the children with you. However, the judge can overrule CPS. Maybe you could file a statement of facts with the court if you can't get anywhere with the caseworker. A judge needs to become aware that you are willing and able to care for them, subject to a home inspection.
Disclaimer: I am not an attorney, and this is not legal advice.


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