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  1. #1
    Join Date
    Nov 2013
    Posts
    3

    Default Can I Turn Over Guardianship of My Son to My Mother Before CPS Takes Him from Me

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

    I am live in Kentucky and am currently having issues involving cps. Me and my boyfriend (my sons father) are staying with his parents until we find us another apartment. Keep in mind that I just had an apartment a month ago and moved out for various reasons so I am looking for another one right now. Social services got involved when a phone call was issued to them involving my boyfriends mom saying she wasn't being taken care of, my boyfriend is her caregiver. After an investigation was made they called social services on my son for a social worker to come out there because of the house being to dirty for my child to be there. The social worker did not take him that night but instead gave me an option to go somewhere else with a family member which is what I done. After doing some background research on my family and talking to my mother she told me that my best option was to go live with my mother in Tennessee because I could get on my feet better if I had help from her. I agree somewhat with the social worker but she was wanting me to hurry and pack up my bags, quit my job, and move. She told me that if I did not do that then she would file a petition for them to gain custody of my 2 year old son. Things fell through and I ended up not being able to make it up there to my moms so I continued staying with the family member she said I could stay with from the beginning of all this. Now I have a court date and I am afraid they will take my son away from me because that's what she said she was going to try and do.

    I have a couple of different questions.
    First off, can a social worker say that to me? Tell me that my ONLY option is to reside to a family member out of state or she will petition for my son? While I have another family member I can stay with down here and friends until I find my apartment which I am in the process of doing, I have the money I am just looking for one I can continue to afford. But that is the ONLY option she gave me was to leave state.

    Second, I asked her if I could let my son go stay with my mother in Tennessee until I found a stable residence. She said no that I had to be with my son wherever I went. Don't get me wrong I love him more then anything but I just wanted him to stay with her for a couple of weeks so I could get my life back on track I guess you could say. My question here is can she say that to me? And what if I sign over temporary guardianship to my mother who is in another state. Can he go stay with her then? But then when I go to court and tell them what I done can they still take him from me?

    I know Kentucky is a commonwealth state so i am not for sure if they can go to another state and get a child. I am willing to give my mother temporary guardianship if that will mean keeping my son out of states custody.

    FYI: I am a very young mother. Me and my boyfriend are only twenty years old and my son is two. I don't know if this social worker is treating me like this and saying these things because where I am so young and I don't know any better or what. I am very educated just unaware of what they can or cannot do and I am also afraid to stand up to her in fear of losing my son.

    My son is also very well taken care of. I have had the same job for over two years and he has everything he needs and is very well fed. This was all just over a dirty home that I've just been staying at temporarily.
    Please help...........

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

    Default Re: Can I Turn Over Guardianship of My Son to My Mother Before CPS Takes Him from Me

    The goal of child services is reunification with the parent/s whenever possible - and oftentimes, giving guardianship to a third party looks "better" than having CPS force the issue. With that said, there appears to be something of an overstep with CPS; remember they cannot remove the child without a court order. They can legally (unfortunately) tell you what they want, but they DO have to go by the law. All too often young parents get steamrolled by CPS workers who are banking on the parents not knowing their rights.

    I strongly suggest that you seek assistance from an attorney as soon as you can.

  3. #3
    Join Date
    Nov 2013
    Posts
    3

    Default Re: Can I Turn Over Guardianship of My Son to My Mother Before CPS Takes Him from Me

    I need to talk to an attorney yes. I have court Tuesday November 26th. Can they take him from me that day like in court? I mean can the social worker ask for a court order right then and there to remove the child. And another thing how do I go about signing over my guardianship to my mother? And if I do can they still take him?

    Sorry I just don't know the first thing about court, I've never been involved with anything like this.

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

    Default Re: Can I Turn Over Guardianship of My Son to My Mother Before CPS Takes Him from Me

    Yes, if the Judge rules against you they can take custody of the child immediately. Some will allow the parents to get the child's belongings together and say goodbyes, but some are more rigid than others.

    Because the state is now involved, your options are fairly limited. If CPS are okay with your Mom having guardianship, that's fine. Have you discussed the possibilities with Dad as well as CPS?

  5. #5
    Join Date
    Nov 2013
    Posts
    3

    Default Re: Can I Turn Over Guardianship of My Son to My Mother Before CPS Takes Him from Me

    No my father is not involved in my life at all. And I have not asked CPS if it is okay with them if my mother takes temporarily guardianship yet. I am not for sure what they will say though because the social worker was telling me that I HAVE to be wherever my son is at. She said that whenever I asked if it was okay if he go stay with her for a couple of weeks while I get my apartment instead of me just up and moving down there. I just don't see how they can make me move states. Giving me the ultimatum of either moving states or losing my child.

  6. #6
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Can I Turn Over Guardianship of My Son to My Mother Before CPS Takes Him from Me

    The CHILD'S father, not yours. Where is the child's father and has he been apprised of the situation?

    And keep in mind that taking good care of your child also means you're ensuring he's not living in a cesspool. In order for them to be talking about taking your child away, they didn't just see the run of the mill untidy house. Did she even give you the option of cleaning it up?

    What exactly is wrong with the home?

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