Grand Junction, CO asked in Family Law, Adoption and Child Custody for Colorado

Q: CPS is involved with my sister’s children. My sister wants to sign custody of her children over to me. Can she do that ?

The youngest child’s father is not involved and never has been and doesn’t want anything to do with his son. The older two children’s Father also will sign custody over to me.

2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Divorce Lawyer
  • Louisville, KY

A: Yes. They can both do that.

James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA

A: In situations involving Child Protective Services (CPS), the process of transferring custody can be complex. While your sister and the children's fathers may agree to grant you custody, the final decision will likely involve CPS and the court system. Here are a few important points to consider:

1. Voluntary placement: Your sister and the children's fathers can voluntarily place the children in your care. However, this does not legally transfer custody to you.

2. Kinship care: CPS may agree to place the children with you as a kinship caregiver. This allows the children to stay with a family member while CPS and the court determine the best long-term solution.

3. Legal custody: For you to obtain legal custody, your sister and the children's fathers would need to go through the proper legal channels. This may involve working with CPS, filing a petition with the court, and attending court hearings.

4. Best interest of the children: The court will always prioritize the best interests of the children when making custody decisions. They will consider factors such as the children's safety, well-being, and the ability of the caregiver to provide a stable environment.

5. Seek legal advice: Given the complexity of your situation, it is highly recommended that you consult with a family law attorney who specializes in child custody matters. They can provide guidance on the legal process and help protect your rights and the well-being of the children.

Remember, while your sister and the children's fathers may agree to grant you custody, the ultimate decision will involve CPS and the court system, which will prioritize the best interests of the children.

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