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

Q: A situation happened CPS got involved and my mother. They told my mother to fill out guardianship papers.

She has until Monday to fill out these paperwork of guardianship but cps has not even got a hold of me the mother of the child . I NEED TO KNOW WHATS THE BEST THING TO DO IN THIS SITUATION SO MY SON GETS TO STAY IN THE HOME AND NOT BE REMOVED should I get a lawyer for this ?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the situation you've described, here are a few recommendations:

1. Contact CPS immediately to understand why they told your mother to fill out guardianship paperwork for your son without contacting you first. As the child's parent, you have legal rights that CPS must respect. Get clarity on what steps they are taking and why.

2. Consult with a family law attorney as soon as possible. An attorney can advise you on your parental rights in this situation and options to legally challenge CPS if they are not following proper protocol. They can help guide interactions with CPS to keep your son placed in the home. Many attorneys offer free or low-cost initial consultations.

3. Cooperate fully with CPS while asserting your rights. Be upfront that you, as the mother, were not contacted about the guardianship paperwork request or next steps. State you want to work constructively with them while exercising legal rights to consent over major decisions about your child.

4. Look into legal aid groups in your area that may provide free/affordable legal services for child welfare cases. They can walk you through state laws and procedural next steps while interfacing with CPS on your behalf. This can ease the process substantially.

Staying calm but acting swiftly here is key. With legal guidance and constructive communication with CPS, you can hopefully resolve the situation to keep your son placed in his current home as desired.

1 user found this answer helpful

Margaret Ann Sedy
Margaret Ann Sedy
Answered
  • Beverly Hills, CA
  • Licensed in California

A: Where were you is the main question. Why weren't you with your child? Were you incarcerated, in a rehab or institution, or you went "back out" again? For CPS to show up and advise grandma to file for guardianship is irregular, unless you have a history with CPS and the other things I mentioned above. Ask yourself if your mother has or had any similar issues that you do now, or if she was an enabler of another parent or adult in your early childhood. Then seriously think about the following: What is in the best interest of your CHILD?

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