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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
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Experience:  I provide family and divorce law advice to my clients in my firm.
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Cps has been working on my daughters case,but they say my grandaughters

Customer Question

Cps has been working on my daughters case,but they say my grandaughters cant stay at my house because my wife had a case on her in the past we have only been married a year,they are haveing to stay at other homes that are unstable and my question is why cant they stay with me.We have a 7 month baby girl and what my wifes past was why should it enterfear with the present when they would be safer at my house.
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question.

If I may ask, do you know what type of a case your spouse had against her? Was she fould liable in that case, do you know, or you have no idea?
Customer: replied 2 years ago.


I have no idea what the whole story was other than when she got devorced her ex took her kids away from her but why should my grandaughters suffer due to her past this has me dumb founded and frustrated iv worked hard my hole life to make a good name for my self and stayed in the straight path and to not be abel to get a grasp on this is just anoying.

Expert:  Dimitry K., Esq. replied 2 years ago.

Thank you for your follow-up, Benny.

This is pure speculation on my part, but CPS generally makes decisions on what they deem to be in the 'best interest' of the child. If the child is going to reside with someone who has a history of abuse or neglect or domestic violence that has already been found to exist by CPS (the past complaint), then there is a higher likelihood and propensity that this abuse can occur again, specifically against your granddaughter. CPS would see your spouse as potentially dangerous for this child due to past behavior, and CPS would naturally be worried about placing the grandchild in an atmosphere where such a potential issue can come up again. Since you do live together, that likelihood of abuse or neglect statistically rises, and that makes CPS worried of a resurgence. If you live apart from your spouse and you personally are 'fit', that is not then an issue and you can take the child into your home, but if you reside together, there is a potential again for this violation that took place before. Frankly you need to know what the whole story is behind the past CPS issue, since it is directly affecting your ability to take the grandchild into your home, but this is why CPS is not likely going to be willing to have you take the child.

Good luck.

Expert:  Dimitry K., Esq. replied 2 years ago.
Benny,

I see that you rated my answer as 'bad'. What specifically did I fail to address, or are you unhappy with how CPS reviews these cases?

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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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I provide family and divorce law advice to my clients in my firm.