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  1. #1
    Join Date
    Jan 2006
    Location
    California
    Posts
    1

    Default Is there a way to gain custody after CPS removal

    Hi,
    I live in Southern California. In October, my female cousin was charged with failure to protect in a child abuse case. Her boyfriend, also the father of the five children is the suspected abuser. Cousin contacted me and my sister about caring for the kids after CPS had removed them and placed them in foster care. Because there are five kids, I took in three, ages 2, 5, 8 while my sister took in two, 2 mos. and 11. We received a pre assessment from LA County, then the children were placed with us for two weeks. Within that time, there were major conflicts with the 8 year old being extremely physical and hostile with the other kids. The 11 year old who was at my sister's, began lying, stealing and hoarding food. She requested to be moved to another home because she didn't like following the rules. Because CPS wanted to keep all 5 of the kids together or nearby, they have suddenly chosen to uproot all the kids, including the ones who were already adjusted and stable in our homes. Our cousin is due to go to court this week for failure to protect charges, but we need to find out if there is anything we can do to regain custody of the 3 children who had bonded and adjusted to our homes. (minus the 8 year old with issues and the 11 year old) Is it possible to file for custody or guardianship even though CPS has decided to keep them in foster care? I thought relatives had more precedence over foster care placements? By the way, something you should know is that both my sister and I have previously been certified for foster care within the state of CA. We feel the decision to remove the kids was in response to requesting two of the kids be removed. Is custody (temporary or permanent) possible? Children's court is later this month. Do you recommend we attend to speak up for custody of the kids? What if it IS in the best interest for at least three of the kids to be cared for by family? I know this is a lot of info, but I need some insight. Thanks for your help.

    Cheney

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Messy Situation

    I strongly suggest that your family consult a lawyer about this situation and your best approach. It's too complicated, and the stakes are too high, to not seek competent legal help.

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