While there is a CPS case, the father would be given the opportunity to complete the CPS requirements. If he is complying with the CPS requirements, it would be difficult to get custody. Now if there is any current evidence
of abuse, negligence or other detriment impacting the child's welfare, then you can proceed with with a non-parent custody petition. What controls here is evidence of what you are alleging. So any current circumstances of domestic violence would need to be reported to law enforcement or CPS in order to have evidence to support a non-parent custody suit. A grandparent would have a great chance of getting custody if the children's current environment is detrimental to their welfare, again evidence is key here to establish this.
Please click accept, it is greatly appreciated. To request me for future questions, please begin your question with “AttentionCustomerrdquo; Thank you.
Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.
Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.