CAN I LEAVE THE COUNTRY WITH AN OPEN CPS CASE?

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together5
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Joined: Fri Jul 01, 2011 5:56 am

CAN I LEAVE THE COUNTRY WITH AN OPEN CPS CASE?

Postby together5 » Fri Jul 01, 2011 6:12 am

There is nothing legally yet, CPS is in my life due to a report for domestic violence. I have my son with me since he never has been abused. but my husband, had to leave the house. We are not from USA , and case will take about 6 months because my husband needs to complete the program. CPS ordered supervised visits to him . There is nobody who can supervise so we are scared that they can founds in a public place without a supervision and remove my son from me.
We have the right to leave the country and go back to ours with my son since he is from USA ?, what will happen with the case?, there will be charges for us or they will go for my son?
This horrible a few days ago i had a family, now i have PANIC, CPS know that my son never has been abused by his dad, but they are acting like my husband is a potencial criminal keep him away from home .
Please help me .
Thanks in advance!!

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family_man
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Location: TX

Re: CAN I LEAVE THE COUNTRY WITH AN OPEN CPS CASE?

Postby family_man » Sat Jul 02, 2011 7:29 pm

My first reaction to this is that as long as you still have legal custody over your son, and there is no court order that says otherwise, you are free to leave the country with your son. If you're going to do it, do it quickly, before they realise you might be a flight risk. Later, if you come back to the same state and come under their srcutiny again, they are likely to act more aggressively against you.
Disclaimer: I am not an attorney, and this is not legal advice.

together5
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Joined: Fri Jul 01, 2011 5:56 am

Re: CAN I LEAVE THE COUNTRY WITH AN OPEN CPS CASE?

Postby together5 » Sun Jul 03, 2011 7:05 pm

Thanks for your response, i'll be waiting if someone knows what will happen with the case?

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family_man
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Location: TX

Re: CAN I LEAVE THE COUNTRY WITH AN OPEN CPS CASE?

Postby family_man » Sun Jul 03, 2011 9:58 pm

It is wise for your husband to stay away for now. If he is seen with you, CPS could take your son into custody. Then you wouldn't be able to leave.

Was your husband guilty of domestic violence? If he was, then CPS is doing the right thing - keeping away and rehabilitating him. Howver, many times, CPS exaggerates the risk and breaks families apart unnecessarily. Either way, it is possible that he will end up having to stay away permanently for as long as you remain in your state. On the other hand, if he jumps through enough hoops, CPS may permit him to reunify with his family.
Disclaimer: I am not an attorney, and this is not legal advice.

together5
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Joined: Fri Jul 01, 2011 5:56 am

Re: CAN I LEAVE THE COUNTRY WITH AN OPEN CPS CASE?

Postby together5 » Mon Jul 04, 2011 5:49 am

You said right!! CPS EXAGERATE !!! so i don't think they will put a restriction order that say we can not leave the country ?.... or when they notice we are not here put charges ?

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family_man
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Location: TX

Re: CAN I LEAVE THE COUNTRY WITH AN OPEN CPS CASE?

Postby family_man » Sun Jul 17, 2011 6:42 pm

I don't know what state you're in. In most states, as long as you still have custody, it is not illegal to move in the middle of a CPS investigation. In Texas, it's a misdemeanor to leave without telling them where you're going. You'll have to check your local laws. If CPS catches wind that you might run away, they might get a judge to order that you surrender your passports. However, if you do manage to leave the country, it will be exceedingly difficult, if not impossible, for CPS to do anything to you, in my opinion.
Disclaimer: I am not an attorney, and this is not legal advice.

brokenfamily8
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Joined: Fri Sep 30, 2011 2:13 am

Re: CAN I LEAVE THE COUNTRY WITH AN OPEN CPS CASE?

Postby brokenfamily8 » Fri Sep 30, 2011 2:32 am

help me in North Dakota
please my kids were placed in foster care last thurs because of unstable living arangments and because i let my grandmother take two of my 7 kids (in the middle of a open depravation case)to make it easier for me to move into our new house fri of last week,and i havent seen them since and i moved into our home alone. ss is flying today to get my two kids from west virginia

mamalion
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Re: CAN I LEAVE THE COUNTRY WITH AN OPEN CPS CASE?

Postby mamalion » Fri Sep 30, 2011 6:35 pm

we're not from the USA, the court took our kids passports so we couldn't leave. guess they don't do that for everyone?


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