Child Placed With Grandparents Instead of Legal Father

My question involves a child custody case from the State of: Oregon
My stepdaughter and her brother was taken from her mother by CPS. She was in an emergency foster home but then placed with my husbands parents after 1 night of being at the other home because they are certified foster parents. My husband is not her biological father but he is on her birth certificate as her dad. Isn't he legally her father and shouldn't she be placed with him?

What did CPS say when Dad asked them about this?

This just happened within the last few days and he hasn't been able to speak to anyone yet. And they won't speak to me because to them I am not a relative!? I know I am not blood but I have been her stepmommy since she was 2, she is now 7 and I was her primary caretaker for the last couple years because my husband works a lot and while her mom was dealing with issues.

Child was removed from MOM's care - right?

So she was the CP?

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Quoting agwyn0418@gmail.com

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My stepdaughter and her brother was taken from her mother by CPS. She was in an emergency foster home but then placed with my husbands parents after 1 night of being at the other home because they are certified foster parents.

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In other words, they could be placed with a relative very quickly and with no need for a home study. That sounds like a good thing.

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Quoting agwyn0418@gmail.com

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My husband is not her biological father but he is on her birth certificate as her dad. Isn't he legally her father and shouldn't she be placed with him?

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If the placement was with his parents, as an in-family placement, then CPS appears to be unconcerned about the biological aspect. But if they have concerns about the family justifying their taking emergency custody they need to make sure that the children are going to an appropriate home - even if it's with another parent. There's clearly a history here, and when children are potentially at risk it makes sense for them to be careful.

It's Wednesday. If your husband "hasn't been able to speak to anyone" but you have reached people who won't talk to you because you're not a parent, it follows that your husband could have spoken with somebody had he been making the calls instead of deferring to you. I suggest that he diligently follow up this morning, and if his questions aren't answered that you follow up with additional information.

It would also be helpful to know why the children were removed from the mother's home - is Dogmatique correct, that she was the custodial parent? If so, yet the children primarily resided with you to the point that you were essentially the primary caregiver, why didn't dad petition to modify custody? Things must have been pretty bad at mom's house.

The brother 7 months old was abused horribly by the moms bf and they found drugs in the home. They were placed with the grandparents so fast I think in part because they were certified and when we went to the first CPS hearing the caseworker and attorney assigned to the kids just so happened to be the same ones that were on my SIL case for her children when the same grandparents had SIL kids. My husband has now talked to them and the caseworker said that just because he is on the BC it doesn't mean anything to them because he is not the bio dad. Which doesn't make sense when they have placed the kids with non bio relatives? We have a good home, I am able to stay home with our other 3 kids and no history or drugs or violence. He never pursued custody because everytime we talked to the mom about some kind of order to help provide some stability or a set arrangement the mom threatened to say my husband wasn't the bio dad and have him removed from the BC. I am just at a loss on what to do. We went from seeing her 3-5 days a week to nothing. I know they are in a good home but feel that they would do just as well if not better here. They would have a home, their beds, my stepdaughter would be able to attend school with her sister and have 2 "parents" in the home one of which is her Dad! I just don't know we told them we are willing to become certified foster parents but so far no one has contacted us to start the interviews like they said would be done.can we petition the court?

You make it sound like your boyfriend previously disestablished paternity, perhaps to get out of paying child support, or stood idly by when the state established the paternity of the biological father in order to secure reimbursement for the mother's welfare benefits. You're going to have to tell us what happened, but this much we know: If CPS already knows that your husband's paternity was disproved by a DNA test, there has been both prior CPS involvement and prior court action on the case.

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Quoting agwyn0418@gmail.com

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My question involves a child custody case from the State of: Oregon
My stepdaughter and her brother was taken from her mother by CPS. She was in an emergency foster home but then placed with my husbands parents after 1 night of being at the other home because they are certified foster parents. My husband is not her biological father but he is on her birth certificate as her dad. Isn't he legally her father and shouldn't she be placed with him?

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You should realize the benefit of keeping the children together and since your husband has legal ties to only one of the children, placing his daughter with him would mean separating the children. Since his parents are certified foster parents, it would appear it provides a great alternative for all involved. They are cared for and the girl is actually with her grandparents. A win-win in my mind.

Here's the story the mom was about 4 months pregnant when they got together she waited another before telling him but he decided to stay and signed the birth certificate. They separated when the child was 2, we got together shortly after and were married a little after the child's birthday. Everyone knows the child isn't my husbands biologically but she is his daughter and he is her father. The bio dad knows about the child but is not involved and doesn't care to be. My stepdaughter found out when she was 6 that my husband was not her biological father. She only found out when I told her mother that we were expecting our first child together. I think the mom did this out of spite. Since that happened things with the mom started going down hill and we had my stepdaughter more and more. There has not been any custody issues and no one has given up rights. We both told CPS we would take both children. I have often cared for the baby as well. We are willing to do anything to get the kids but CPS makes it seem like its not even an option. I know they are taken care if but I worry about our relationships with stepdaughter she has 3 other siblings here with us. Plus we just found out that my husbands parents bought a house over 45 miles away and is very small for 6 people to live in

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And the only reason CPS knows he isn't bio dad is because his parents said something in court about being her grandparents but not biologically

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So it was explained

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We both told CPS we would take both children.

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but you are not a certified foster home so that is just not going to happen. When CPS gets involved, they have to abide by the laws. They would have no legal basis to place the unrelated child with you.

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We went from seeing her 3-5 days a week to nothing

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How long ago were the children removed from the mother's home?

Does your husband have a court ordered visitation schedule?