I need to know if I have a case against cps..

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BriAnna90
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Joined: Fri Jan 27, 2017 10:25 am

I need to know if I have a case against cps..

Postby BriAnna90 » Sat Jan 28, 2017 10:17 pm

My name is BriAnna and I have 2 daughters that are staying with my mother right now as a suggestion made by social worker and investigator of cps. our case has been closed or " ruled out", and there are no legal orders at all stating that I cant have access or possession or even visitation orders specified through the courts. to make a long story short.. our case never left investigation stage but my children were suggested to remain under my mother's care during our investigation for many reasons..by the end of investigation we were pressured and ignorant and signed over temporary management of conservatorship of our girls to my mother until we could get back on our feet and establish residency again so they would have a stability for their well being. my mom made promises she didn't keep regarding visitation agreements during the Christmas holidays and I have now decided to not only find another place to reside I have also decided to find another place of employment because of a family dispute. The petition filed by my mother has not gone before a judge yet that I know of..if it has I have not been officially or legally notified.. so my question is: Do I still have legal right to access and possession to my girls and how do I go about getting them and fighting cps again?
cps has threatened to re open the case if we take them from my mother.. and they would go into foster care... not to mention my mother has a felony on her record.. I know every case is different but my girls are suffering for no reason at all. counseling has been suggested for my four year old and my 1 year old screams everytime the phone hangs up with her father and I are talking to her. the first time my fiancé and I heard our youngest daughter say I love you was over the phone a few days before the Christmas holidays. we are low income parents and need every resource available to us. so if someone could answer my question and point me in the right direction it would help our girls please it has almost been 6 months and on jan. 27th 2017 my mom will have legal access to try to adopt my children especially if the judge grants temporary management of conservatorship to my mom.. thank you in advance sincerely ~~~~ Mother of 2 beautiful girls

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KDus
Posts: 161
Joined: Sun Nov 21, 2010 8:00 pm
Location: Kansas City

Re: I need to know if I have a case against cps..

Postby KDus » Mon Jan 30, 2017 12:41 pm

First, recognize what has gone better than it could have.
A. You don't have an active CPS case.
B. Your children are with a relative.
C. You still have parental rights.
D. You haven't been served for an action by your mother.
E. You have some contact with the kids.
F. The law is on your side when you try to get your kids back.
G. There are 2 parents that can take a path toward putting the family back together.

Because 6 months have past, the children (technically) reside with your mother and that could change which county court would get involved.

If you were to treat this like a "reunification" plan, then:

It is vital that you maintain regular contact with the kids. Find a way to make your mother comfortable with (at least) a weekly visit. Offer to meet at a park or mall or library. Your mother can "supervise". Figure out what her concerns are and mitigate them.
You need to show stability of a safe residence. If the concern is your fiancé, leave him. Sort it out later.

Go to the courthouse (website) that filed the conservatorship and see if they have a self help center. You need to learn the options for your state. Is it mediation, Order to show cause, visitation enforcement?
You might get what you want by letting your mother know that you can, and are willing to take the next step.

You are much better off dealing with your mother than CPS.

I AM NOT AN ATTORNEY, THIS IS NOT LEGAL ADVICE, just stuff I learned in my own experience.


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