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What are the Rights of a Non-Offending Parent in a CPS Investigation

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  • 11-22-2017, 05:35 PM
    alora
    What are the Rights of a Non-Offending Parent in a CPS Investigation
    My question involves a child custody case from the State of: California
    We are currently going through a CPS case. I am the non offending parent and I want to know my rights as the parent. can I refuse the services they are having me take because pf my ex? also I am starting to feel they are against me and what can I do to protect myself and my son. They are saying that my son will return to the care my of ex even though I feel that is a bad idea seeing how my ex is not fully mature enough to take care of our son. I would rather her work on herself first. Also does CPS have power over the courts as a social worker claimed they did? do I have power if I go to family court while the case is still open to get custody of my son? I feel I am losing my rights as the other parent. what are my rights as the non offending parent.
  • 11-22-2017, 05:51 PM
    LegalWriter
    Re: Cps
    Sure, you can refuse the services but if you do, then you won't have any shot of getting custody of your son. If you want custody, you do everything you are told to do, no excuses. While you may be the non-offending parent, you also weren't the custodial parent and the court looks at the situation as one where you had no problem with mom caring for the child or you would have sought custody before CPS got involved. You didn't say where the child is now other than not with the mother but right now, it's the juvenile court that has actual legal custody regardless of where he's placed. Where he goes or doesn't go from here is totally up to that judge. As to you going to family court to get custody, NO you can't. As long as there is an active CPS case, jurisdiction is in that court and that court only.
  • 11-22-2017, 08:56 PM
    alora
    Re: Cps
    I have been trying to get him for years. She wouldn’t let me see him. We called cps but of course they ignored my calls and went to family court but then someone called cps and got the case open that way. He is living with me but it looks like they will be returning him to her after the case is done. Will they set up a visitation schedule? He goes to school near my home, will they have him leave that school to go with her?
  • 11-22-2017, 11:01 PM
    LegalWriter
    Re: Cps
    So you and mom weren't married. Did you sign an acknowledgment of paternity or were you legally declared to be the father? Did you have a court ordered visitation schedule prior to the CPS case? The objective is always to return the child to their parent unless the court determines it's in their best interests not to be. Mom has 6 months to get her act together, if you want the child to remain with you, I'd suggest you utilize everything CPS can offer you in services and use that time to demonstrate that the child is better off with you.
  • 11-23-2017, 07:02 AM
    Mr. Knowitall
    Re: Cps
    You have not made clear if this is a voluntary placement pending the informal resolution of problems in your ex's household, or if there is an actual child protective proceeding involved where a court has ordered the child to be kept outside of mom's home while the case proceeds.

    If it's the former, then absent action on your part the custody order remains in effect and it's reasonable to anticipate that mom will again assert her custody rights when the case is over. In order to change that outcome, you would need to petition the custody court to modify custody.

    If it's the latter, then it is generally possible to coordinate an action for modification of custody such that you can seek temporary custody and proceed with any effort to modify custody once the protective proceeding ends. You should speak to a lawyer. The dismissal of the protective proceeding will not change the existing custody order (if there is one).

    You want the CPS workers to favor you. If they have requested that you take certain steps, but you have not been ordered by a court to do so, you can say "no"; but being confrontational or oppositional is not an approach that will win them over to your side.
  • 11-23-2017, 08:10 AM
    LegalWriter
    Re: Cps
    In CA, if it were an "informal" resolution, the child would not have been removed and there would be no services offered or required of the poster. In fact, he wouldn't be a factor at all. That the child was removed from the mother means there is juvenile court action.
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