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Roger, Attorney
Category: Family Law
Satisfied Customers: 30904
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I recieved information from children services that there is

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I recieved information from children services that there is a court date to remove the children from my to be ex-wife. This is supposed to be a temporary removal of the children, that involves a agreement that she would voluntarily let children services aquire custody, which I doubt she would ever sign. I am by no means familiar with this type of action. Can you shed any light on what possable could happen.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney. Thanks for your question.

If the children are being temporarily removed from the mother's custody, there must be some serious allegation pending against her.

It is likely, however, that you can ask the court to place the children with you - instead into CPS's custody or with a foster parent.

Customer: replied 3 years ago.

Yes there is some serious allegations that all can be proven. But what happens with the court process. Is there a intial court hearing, and she is asked to sign a agreement to take custody ? And if she does not is there a full hearing to contest the allegations? Help me with knowledge of the court process with temporary removal of children.

Yes, there is an arraignment date where the charges are formally made against her, and at that point, the child services can ask her to voluntarily sign over custody temporarily. If she refuses, child services can can ask the court to grant it custody of the child based on the allegations. A hearing will be held to determine custody at that point.

If you want to take over custody, you can file a motion for custody with the family law court and ask the court to award custody to you given the allegations against the mother. Child services would likely agree/endorse your petition. If you want to file a petition for custody, you probably should consult a local attorney for help getting it done.

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