While fighting cps, now fosterparents filed petion to tpr

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Aaliaynasmommy2011
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Joined: Mon Feb 25, 2013 7:46 am
Location: Kansas City

While fighting cps, now fosterparents filed petion to tpr

Postby Aaliaynasmommy2011 » Sun Mar 03, 2013 4:23 am

While I am trying to work my case for reunification, the foster parents don't want to give my baby back so they file a petition separate from my cps case and ask that my rights be terminating based on allegations they have no proof of intact they should not even be using as evidence because the info I suppose to be confidential and they are not suppose to even know this is reguarding a different case,

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Eljay
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Joined: Thu Jan 20, 2011 10:01 am

Re: While fighting cps, now fosterparents filed petion to tp

Postby Eljay » Sun Mar 03, 2013 7:52 am

First, I think you're right. When the state has custody, all matters concerning custody are to be handled by juvenile court. And in Juvenile court, individual parties can not file to terminate your parental rights... but then every state is different... I would be surprised if they had a legal standing to do this, but would have to research it. Furthermore, your child being in custody of CPS does not mean she is "up for grabs" by any party out there - family, foster or otherwise.

First of all who told you this? Or how did you find out about it?

What state are you in?

Have you discussed this with your attorney?

Have you discussed this with your caseworker?
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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family_man
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Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: While fighting cps, now fosterparents filed petion to tp

Postby family_man » Tue Mar 05, 2013 11:19 am

It is my understanding that only the state can file a motion for TPR while the child is in their custody. Now the foster parents may try to convince CPS to do that, but it would have to be the state's CPS attorney that would have to take that action.
Disclaimer: I am not an attorney, and this is not legal advice.


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