Los Angeles, CA asked in Family Law and Child Custody for Arizona

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.

Related Topics:
1 Lawyer Answer
Mike Branum
Mike Branum
  • Saint George, UT
  • Licensed in Arizona

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.