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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15744
Experience:  Licensed Texas General Practice Attorney
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My friend has an open CPS case, her children have been placed

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My friend has an open CPS case, her children have been placed with relatives. When she had her last child it was also picked up from the hospital and placed with his sibiling, she is currently pregnant again and wants to have the child in a different state, can CPS pick up this child too? Her case may be closing before she gives birth to this child because she may give up her rights to one of her relatives before then. Can you give me an answer to my question as if her case was to be closed before giving birth to his child? And also if the case has not yet closed by the time she gives birth? Also would it help if she was to give birth in a different state and sign the child over to her sister as soon as the baby is born, so that CPS has nothing to do with this child? I hope you can answer my question with the expertise that you have! I would appreciate it!

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Is she, personally, under criminal investigation?

Customer:

NO, SHE HAS NO CRIMAL RECORD. HER KIDS WERE TAKEN FOR MARIJUANA ABUSE AND HAS NOT USED SINCE THEY REMOVED HER CHILDREN, BUT FOR THE PAST COUPLE YEARS THE COURT HAS FOUND HER ONLY PARTIALLY ENGAGED IN HER SERVICES SO THAT IS THE REASON THEY HAVE BEEN KEEPING HER CHILDREN.

ScottyMacEsq :

Thank you. One moment...

ScottyMacEsq :

Would she bring this child back to her current state after having it?

Customer:

Yes, her thoughts are having the child out of state and if her case is closed by then she wanted to know if the state can still remove the child from her? Or if she was to give up the child to her sister in the other state and then both her and her sister would come back to thier current state the child would then be her sisters so can the state become involved with the child then?

ScottyMacEsq :

CPS is jurisdictional. What that means is that the CPS in your state has power over the children residing in the state. So it doesn't matter whether the child is born in another state and brought back, or if the child is born there to begin with. Rather, all that matters is where the child is living.

ScottyMacEsq :

So while your friend can't be stopped from leaving the state to have the child, if she returns with the child, CPS can then step in and take the child.

ScottyMacEsq :

Now to "give" the child to another, say a relative, the best way to effectuate this would be for a legal adoption.

ScottyMacEsq :

Adoptions take time, and the person that adopts will need to be a resident of the state that the adoption is filed in.

ScottyMacEsq :

So if the relative wants to adopt, in a different state, that relative would have to be a resident of that state, file in that state, and have the judge sign off on the adoption.

ScottyMacEsq :

IF this is practicable, it can be done, regardless of whether the case is closed in the current state or not.

ScottyMacEsq :

The case being open or closed really wouldn't have much of an effect on CPS opening another case in light of the mother having a new child.

ScottyMacEsq :

Rather, if the mother is pregnant now, she and the sister can actually agree to adoption before the child is born, without even having to go to another state.

ScottyMacEsq :

But to do this, you would need to contact an attorney in your area that deals with adoption cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

Customer:

If she was to start the adoption process now then before the child is born in her current state, would CPS have anything to do with the child then or interfere with the adoption? Like issuing a pick up order from the hospital like they did her last child?

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Customer: replied 5 years ago.

If she was to start the adoption process now before the child is born in her current state, would CPS have anything to do with the child then or interfere with the adoption? Like issuing a pick up order from the hospital like they did her last child? since the adoption wouldnt be finalized untill the child is born, right?

It's possible that they might do this, which means that she should notify CPS that someone is going to be adopting her child. That way, there won't be any interference.