Q: Do we even have a leg to stand on?
My incarcerated brothers son was taken away from mother into dcs and placed with the mothers step mother. child protective services didnt try to contact paternal family or the father. There was a scheduled meeting that we attended that was found out from a friend an hour before it was scheduled. placement was already chosen without even being in contact with the paternal family What we would like to know is how to get this placement changed? Can he give me temp custody and i have some sort of rights or is there nothing we can do. I need advise here added that the paternal grandmother is not able to take the child and the maternal grandmother has passed.
A: Unless you had a strong "parent-like" relationship with the child, you face an uphill battle challenging the CPS placement. There are a LOT of unanswered questions here which an Arizona family law attorney would need answered in order to provide you the assistance you need. Unless the maternal grandmother is unfit to care for the child, as an Arizona resident she is going to fare better than you. She has likely spent more time with the child than you have and she has a closer relationship with the mother than you likely do. Until CPS moves to terminate the mother's parental rights, the presumption is that the child will be reunited with his mother. Placing the child in California does not further the CPS reunification objective.
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