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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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im going through a CPS case now regarding two of my kids...

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im going through a CPS case now regarding two of my kids... My sons father is doing everything he can to destoy my life and with all the constant drama going on the Case workers are looking to put my kids in foster care. They are currrently placed with the grandparents and all the arrangements were made outside of court. None of this is court ordered yet. I was wondering if i signed over my right TEMPORARILY would i be able to do that and what would that do to my case?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

What drama is he causing to you, exactly? What is he claiming? And does he have any grounds to do so?
Customer: replied 5 years ago.
He has been stalking me, ive received harassing phone calls from him and his wife... I changed my number yesterday and they both have showed up at my job and called making false complaints against me... I guess they are trying to get me fired.. He's been watching my aunts house which is where i reside at the moment and then follows me around. I went to try and get a protection order today but they didnt grant me one saying that i didnt prove enough for them to give me an emergency protection order... I just really wanna know if i sign over temporarily my rights to my kids grandparents will that help my case and will i be able to get them back when im ready? He and his wife have had mulitple people call the case worker making accusations that i had my daughter last week and i let him stay the night with us. (hes not suppose to be around my daughter at all) and that we have been sleeping together since he's been married and that i keep calling him and sending emails. All this is false but the case worker is taking all this into consideration and now im desperate to do whatever to keep my kids out of foster care..PERIOD
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up and your explanation.

Are your parents "fit" or would they deemed to be fit should the caseworker review?
Customer: replied 5 years ago.
Thats the thing its both of my kids fathers mothers who have the children... And yes they both are fit but my only concern is with my sons grandmother since the guy im complaining about is her son.... And i guess the caseworker already sees them fit or they wouldnt have placed them there anyways
Expert:  Dimitry K., Esq. replied 5 years ago.
So they already have the children, you just wish to formally transfer guardianship before you fear it may be taken away from you, correct?
Customer: replied 5 years ago.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

Sorry about that, I just wanted to be sure that were communicating exactly about the same situation, and I was aware of all of the facts.

First of all you are always free to formally designate a new guardian or custodian for the children. Since the paternal grandparents were found to be fit, you can definitely grant them guardianship. Be aware that since CPS is involved, they may choose to intervene and either agree with the petition, or provide different evidence and information to the courts so as to possibly sabotage your means of transferring guardianship. That is highly unlikely, but is possible.

Second, once you transfer guardianship, even if on a temporary basis, it becomes an issue later to possibly retain custody. That is because the grandparents may contest you for the parental rights, and may attempt to claim and show later that you are unfit. It all depends on your relationship with them--they may simply withhold the children from you in the future. However if you do transfer, and CPS agrees, it would freeze their desire to move the children to foster care simply because under CPS's view, the children would be away from the possible dangerous and unhealthy environment that is your household.

Good luck.

Edited by Dimitry Alexander Kaplun on 12/1/2010 at 7:36 AM EST
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