Q: Do I have to relinquish my kids to the mother without a court order? Cps has called and said i have to.
I am a father of two boys, ages 3 and 4. Recently their mother and I seperated because she confessed to infidelity. About two weeks have passed and she has made false claims against me that involves abuse. These are false, neither her nor i have obtained an attorney due to financial issues. It is tough right now but i will obtain an attorney as soon as I scrap up the cash. However, as of yesterday CPS reached out to me and i was informed that they will be coming to the house to pick up the boys because they NEED to be with their mother. My concern is is that she is telling me she wont let me know where they will be. She doesnt work and is content in not doing so. My fear is that i will never see them, or dont know when i will see them again until we go to court. I know a court date can be set a month or longer out. Any suggestion or advice is appreciated but most importantly do i have to release the kids to her without a court order? Thanks
A: The answer to your question is very fact specific and your question does not lend itself to a short, concise answer on a forum such as this one. I strongly recommend that you seek the advice of an experienced family law attorney, even if you only have enough money for an hour long consultation.
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A:
More information is needed before an answer can be given.
If CPS has a court order that must be followed.
If CPS does not have a court order and you and the mother have an existing court order in place that must be followed.
If CPS does not have a court order, you and the mother do not have a custody order, then you need to get a court order.
If CPS has a court order for removal of the children you will be given a hearing within 14 days.
If you and the mother have a court order that you do not want to follow you can petition the court for emergency relief.
Please keep in mind that what I am saying is general information and is for educational purposes only. You will need to hire an attorney to deal with your specific situation.
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