Okay, I am sorry for your situation. What you have to do is ask the COURT for custody - not Child Protective Services - they do not have any real authority. File a MOTION FOR MODIFICATION and seek custody. The Court decides on custody based on the rule of thumb of "best interest of the child
." This includes, but is not limited to, general stability of the parent, financial stability, indoctrination of the child in the current school and environment, household condition and living condition of the child, other persons living in the house, etc.
If you can convince the Judge that the child would be better off with you than foster care by these elements, you'd be successful, with or without CPS's support. Go to legalzoom.com or nolo.com for the petition and more info, or hire an attorney (I recommend this).
Best of luck in your matter. I'm here if you need any more clarification or follow up information.
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