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  1. #1
    Join Date
    Feb 2012
    Posts
    2

    Default CPS Called on Mom, She Blames Dad and Takes the Baby from His Visitation Night

    My question involves a child custody case from the State of: michigan

    Sad night, our son is the dad of a 7 month baby. Never married to mom. very young people. She did not know if he was the dad until dna. Said it could be a few people so he was not allowed on birth cert or have his last name.
    She asked to avoid court and just set times to see baby and he gives her money etc for the baby. He gets him one day and then one overnight day a week, but he always asks for more time if she lets him. Avoided court for money reasons (it seemed better to put the money right to the baby instead of courts)
    Her home is very bad..it looks likes hoarders home. The baby had pink eye his first week of life from the filth, and they seem to smoke while holding the baby which the dad has tried to stop to no avail..but to avoid fights he just does his best to be cordial etc..
    Somehow CPS was called and informed of the house issues she has. She immediately called and demanded the baby returned and informed him he could not see the baby. She blames him for the call since he has mentioned in the past that the home really needed to get cleaned for safety. He was asked by the cops to return the baby in order to keep peace. So he did..sobbing..
    Now, we have to go tomorrow and start the whole circus and pray to get at minimum joint custody. I guess we have to bring up that cps is investigating. I hope that it is not a long process to see the baby again as this is terrible for all involved. I am the paternal grandma..we never doubt that the mom loves the baby however we agree that the living conditions are pretty bad.
    From reading some posts I guess asking for temporary visitation or even custody while this gets worked out may be an option?
    Any help is so appreciated. We really wanted to keep a good relationship but with her blaming us for the call it may never be again.
    I always brought her food and gifts for all the holidays. Our home is clean and stable and we have a great family bond here. I am so worried for the baby. long night ahead..hope to get some help soon

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: CPS Called on Mom, She Blames Dad and Takes the Baby from His Visitation Night

    Is he legally the father of this child? If not, he'll have to establish paternity first.

    Without that, he has no standing to do anything. As the grandparents, you have even less standing I'm afraid. If CPS thought fit to remove the child, they would have removed the child; given that they haven't, it seems that the baby isn't actually in any immediate danger.

  3. #3
    Join Date
    Feb 2012
    Posts
    2

    Default Re: CPS Called on Mom, She Blames Dad and Takes the Baby from His Visitation Night

    Thank you. We actually had a dna test done and he is the dad. CPS called her first to let her know they were starting to investigate them. They have 3 days to visit the home. I am not looking for grandparent rights, just wondering what the first step might be tomorrow. I will find a lawyer and I guess first get the paternity establised . She does not deny he is the father but maybe that comes first> I know we cant force her to add him on the birth record

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: CPS Called on Mom, She Blames Dad and Takes the Baby from His Visitation Night

    Okay, I'm referring to legal paternity. So, Dad is going to have to file in court for a DNA paternity test that is admissible in court (the home tests are generally not). This could feasibly take months (or as little as a few weeks). Before then, your son is pretty much powerless; he cannot file for custody of a child not legally his.

    Once legal paternity is established, he can (and should) file for joint legal custody, and some sort of enforceable visitation schedule. CPS will monitor the situation but again if they haven't seen fit to remove the child, Mom's fitness won't be an issue and your son will get, at best, the usual NCP visitation for an infant.

    (Unless Mom agrees to more )

  5. #5
    Join Date
    Sep 2009
    Posts
    424

    Default Re: CPS Called on Mom, She Blames Dad and Takes the Baby from His Visitation Night

    Quote Quoting jmy2012
    View Post
    I know we cant force her to add him on the birth record
    You cannot force her but the court can (and likely will) order it when dad is determined to be the legal father.

    The best thing you can do for your son at this point is hire an experienced family law attorney for him.

  6. #6
    Join Date
    Feb 2011
    Posts
    19

    Default Re: CPS Called on Mom, She Blames Dad and Takes the Baby from His Visitation Night


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