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 ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
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
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?
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.
