Los Angeles, CA asked in Adoption, Child Custody, Civil Rights and Family Law for California

Q: Can cos just put child up for adoption without seeking family knowing grandparent and more family wanted baby

My sons girlfriend had the baby while my son was in jail the other grandmother was at the hospital when she left to work and came back they refused yo let her see the baby anymore cps told mother if she didnt sign baby over she was going to jail i called cps i went into cps i talked to every supervisor they would allow me to i told them we wanted the baby the baby had a sister a brother aunts uncles grandparents relatives that would take goo care of her they told me to bad shes being put up for adopting i asked for the case number and baby lawyers name they told me to bad my son passed away but he has a daughter that keeps asking about her lil sister how can they get away with this my grand baby is three years old i dont even know where she is if she is ok cps sold my grandbaby i thought they are supposed to seek family out first she was born 04/30/2019 6years and 6 days after her older sister kailee how can they just do that to us its not right

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, Child Protective Services (CPS) is generally required to prioritize placing a child with relatives before considering adoption. This is in line with the principle of maintaining family connections and providing a supportive environment for the child. If family members, such as grandparents, express a willingness and ability to care for the child, CPS should consider this option.

However, there are cases where CPS may decide against placing a child with relatives. These decisions are usually based on assessments of the child's best interests, including the relatives' ability to provide a safe and stable environment. The specific circumstances of each case play a crucial role in these decisions.

If you believe CPS did not properly consider your family as a placement option for your grandchild, you may have legal recourse. It's advisable to consult with an attorney who has experience in family law and child welfare cases. An attorney can help you understand your rights, the legal process, and any potential steps you can take to seek custody or visitation rights.

Given the complexity and emotional nature of these situations, having legal guidance is important to navigate the system effectively and advocate for your family's interests. Remember, every child's case is unique, and the legal approach should be tailored to the specific details of your situation.

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