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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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My husband and I have a serious decision to make regarding

Customer Question

My husband and I have a serious decision to make regarding his 3 yr old little girl. We are just starting what seems to be a long road to getting custody of her. in an OSC hearing we tried bringing evidence about her sever neglect and concerns of not seeing her for almost a year for her mother holding her as "ransom".
Judge gave us a total of 8 hours a week to see her. We were told if we think there is a problem at home to call CPS.
Our concern is then she will be in the system and very scared of her going in the system and us having a difficult time getting custody of her.
Can you tell us the pros and cons from our side as well as what we can expect to happen once they are called? And what information will they allow us to give them?
concerns on our side are his age being in mid sixties, he is a semi~retired professional who has provided for his son not only financially but emotionally bonding w/her until the 9 months ago. He is concerned over 4 arrests, but those were at least 7 yrs ago. And then there is me. I am on informal probation from 08. I do, however have my child and have NO issues when it comes to the children. I believe they are the only innocent.
She recently had CPS involved on her older 2 children and lost them to their father and are now in another state, but we cannot bring tha evidence we were told by the childrens attorney into court for his little one. We were told it could come in if CPS was involved then judge would look at the 730 evaluation, her enitre history as a "mother" and the other father wrote us a very long and detailed letter of everything w/a warning to get our little one out of there.
I thank u for taking time to ask more info to give the best answer. We see her tomorrow and the stress has me w/an enormous migraine and my husbands getting depressed w/not being able to make an informed decision.
Her neglect and abuse is unacceptable and I'm sure we'd eventually bring her back home, but how much da.mage would be done if the couts are backed up and its many more months??.....
Submitted: 1 year ago.
Category: Family Law
Expert:  Joseph replied 1 year ago.

Candidly, I am not a big fan of CPS. Their workers are generally overworked and underpaid, meaning it becomes unlikely that they will do a thorough job on any particular case.

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Having said that, they can be a helpful resource in the right situation. If there is a case where a child is being abused or neglected, a call to CPS can quickly lead to the child's removal from the house. So you know, that does not necessarily mean that the child will be "in the system". Instead, CPS will first look to place the child with a relative. With the father being available, this would likely be their first choice.

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This could be a good resolution for you, not only would the child be removed from the mother's home, but would then be placed with you. If your husband decides to pursue a modification of the custodial situation, this would certainly put him in a good situation.

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Please let me know if anything requires clarification.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 1 year ago.

i posted my question a while back and was never able to see other answer. the question was then reposted by agent from "just answer" and by your answer i'm guessing all my question wasnt included.

Expert:  Joseph replied 1 year ago.
Strange, I've never heard of that happening. Regardless, is there anything else that you need at this time.

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