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  1. #1
    Join Date
    Nov 2013
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    3

    Default Changing Custody After Protective Services Removes a Child from the Custodial Parent

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

    Child protective services removed my 2 year old son from his mother's care when she presented him at the hospital with clear signs of physical abuse ( severe bruising to cheeks, purple swollen ears, human bite mark, and strangulation bruising on neck). I am a full time student at a university, living in student housing. I will graduate in 6 months time and will be returning to my parents home and wish to take full custody of my son at that time. In the meantime, CPS placed my son in kinship care with my parents, as it was not possible for him to reside with me in student housing. Being so close to graduation, I felt the best choice for my son and myself to sacrifice a few months living apart, so that I could finish my degree and our future would be better. I know he is being well cared for by my parents in my absence. I come home and see him at least once a week overnight (I work a full time job and go to school full time and school is over 100 miles from my home....so I don't get the chance to visit as much as I want to). Will the courts look down on my because I did not quit school in order take custody of my son immediately?

    There is a criminal investigation on my son's mother for the abuse he endured. CPS is also conducting their own investigation. It seems like both agencies are moving very slowly (already 7 weeks have passed and no answers). Is this normal? The police are having a hard time with prosecuting because there are no witnesses and my son cannot talk yet. If police choose not to prosecute, will CPS automatically give custody back to my son's mother? If I file for custody, will a judge consider the abuse allegations and evidence? (the hospital took numerous photos of the injuries and stated that it was abuse and the mother's explanation of injuries was not remotely plausible). If I retain an attorney, would he be able to do anything at this point, since CPS is still investigating?

  2. #2
    Join Date
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    Default Re: Changing Custody After Protective Services Removes a Child from the Custodial Par

    Is it normal for investigations and court proceedings to take time? Yes.

    A court has already found grounds for removal of your child from his mother's custody, and it's reasonable to expect that CPS will continue to argue that the child should not be returned to mom based on a theory that she committed the act of abuse or that she failed to protect the child from abuse.

    Evidence of abuse is relevant to a custody case.

    Are you anticipating that your parents might try to keep custody, even after you're positioned to be a primary caregiver?

  3. #3
    Join Date
    Nov 2013
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    3

    Default Re: Changing Custody After Protective Services Removes a Child from the Custodial Par

    Thank you so very much for the info. No, my parents would like me to take primary custody of my son as soon as I have finished with University (this coming May). My big concern is that it may look bad on my part to a judge because I chose to let my parents take custody of my son in order to finish school, instead of immediately dropping out to care for him myself.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Changing Custody After Protective Services Removes a Child from the Custodial Par

    Quote Quoting rae1972
    View Post
    Thank you so very much for the info. No, my parents would like me to take primary custody of my son as soon as I have finished with University (this coming May). My big concern is that it may look bad on my part to a judge because I chose to let my parents take custody of my son in order to finish school, instead of immediately dropping out to care for him myself.
    I don't think that is going to be a big deal to the judge. You certainly will be in a much better position to support your son after graduation.

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