complicated promblem

Info for giving temp. guardianship to someone else..

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smk
Posts: 3
Joined: Sat Dec 24, 2011 5:14 am

complicated promblem

Postby smk » Sun Dec 25, 2011 3:07 am

I reside in California. My daughter has been living with her father since the beginning of summer. Iv'e never had cps in my life. But, my daughters father and his girlfriend had just recently closed a case with cps with their newborn son. I was served papers for emergency tempoary guardianship by the paternal grandparents. They felt like my daughter wasn't being cared for properly. Their is no court order custody with my daughter. Allegations have been made against me about drug use. Never been in trouble before ever for drugs. I have no idea what to do or expect. I am on a fixed income So I cannot afford a lawyer. Court is soon. Please any suggestions?

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

Re: complicated promblem

Postby Eljay » Sun Dec 25, 2011 11:12 am

"Never been in trouble before ever for drugs" ... does that mean you've never used drugs or you've never been caught?

Has CPS even talked to you? What did you tell them? How would these ex-baby daddy-grandparents have any insight into your alleged drug use? Did they sell you drugs or do drugs with you? I know those questions sound odd, but seriously, how could they possibly know enough to make an allegation?

Let me guess, CPS sent you papers for a hearing on Thursday that you got Saturday and the hearing is Monday morning? An attorney will be appointed for you and you'll need to make them fight for you. Can you NOT care for your child? Other than making a false allegation about you, are the grandparents good people? Do you get along with them? Can you call them and tell them that by making a false allegation, they are risking losing her to foster care or even adoption?

If you can take care of your daughter and want her at home with you, bring someone with you to court who has no criminal past/no issues with CPS so that IF they are successful in their attempt to take your baby, she can go with someone you know. Or, better yet, is there someone you live with/can live with/ or someone who can move in with you? You do NOT want to lose even temporary custody of her, unless you are doing drugs... then you're effed.
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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smk
Posts: 3
Joined: Sat Dec 24, 2011 5:14 am

Re: complicated promblem

Postby smk » Sun Dec 25, 2011 6:25 pm

No cps has never sent me anything. My ex has a closed cased with cps with his child from his current relation. But the allegations are made on myself as well as my ex and his girlfriend. They have drug felonies. My daughter has always been with me up till this summer. She wanted to be with her dad and new sibling. He got his act together and doing good.So I allowed her to go live with her dad. Their is no court order child custody. The grandparents have emergency temp. guardianship at this time. The court investigator has went to visit the grandparents for a visit. Should I be expecting cps or the court investigator to be visiting me? In the past I partied but I'm straight now.The grandparents know of my past. I am and always had been capable of caring for my baby. Should I go and file child custody papers asap? Would it matter? So confused about all this!

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

Re: complicated promblem

Postby Eljay » Sat Jan 14, 2012 6:28 am

I know CPS is known for not following the rules, but it's just absurd that they would take the child from the father and place with his parents when they HAVEN'T EVEN TALKED TO YOU, THE MOTHER!!! But here's the deal.... if your ex is not doing as well as you think, if he started using again, and his parents found out about it, they are going to claim that you "failed to protect" by putting your child in the hands of a known drug user.

You're the mother and if you are capable and willing to take your daughter *and* you think she would better off with you than in the hands of her manipulative & lying grandparents, then YES you should fight for your daughter. The possible and probably consequences of this situation is that they are going to try to get permanent custody of both kids and they may just shut you out of your daughter's life. I don't know, you would know these people better so what do you think they are doing? Clearly, they are already lying about you to get the kids, but you haven't even been contacted???? What CPS should have done first in trying to get the kids away from an allegedly unsafe father is gone to the mother and put the child back with you. However, it seems that these people have already "poisoned the well" by telling CPS about your drug usage.

You don't need a court ordered custody agreement, especially as the mother. You are her mother. No court needs to affirm that. The fact that they took custody without even knowing you is just wrong. You need to fight this in court... read here: http://familyrights.us/how_to/just_picked_up.html
Tell them that they have never called you, come to your home, notified you of court hearing, mailed you a single piece of information, you do NOT do drugs and never will (phrase this in present/future tense... your history is irrelevant, as long as you never would/will put your child at risk by doing drugs is what is important). Fight hard and fight NOW or they will take your lack of action as passive and uncaring. Let them know that you used your judgment of your ex's clean living and deemed him as safe and that you wanted your daughter to know her sibling. They may try to paint your allowing her to live with him as you not wanting to be a parent... be prepared for all of the horrible things they may say about you.
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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smk
Posts: 3
Joined: Sat Dec 24, 2011 5:14 am

Re: complicated promblem

Postby smk » Sun Jan 22, 2012 2:18 pm

Social Services left a card on the door. I was not home. Had court the following Friday, but when i got there didn't see my name on the docket. I was like WTF! So i found out that court time was changed and was continued until the following week. Can they do this? Don't they have to notify me? I always go to all and every court dates. I still haven't talked to anyone yet. (social services) The worker left a message on answering machine. I called back but got her voicemail. (didnt leave a message) PLEASE CAN SOMEONE HELP!

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family_man
Posts: 1138
Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: complicated promblem

Postby family_man » Sun Jan 22, 2012 2:58 pm

Yes, they are required to "serve" notice 5 days in advance of any hearing. The companies that do this service will find you, one way or another. It is wrong to leave you out of the loop. YOu, on the other hand, need to make every effort to talk with the caseworker, before court! Have an attorney present if possible. If you cannot afford one, request one at court.
Disclaimer: I am not an attorney, and this is not legal advice.


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