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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32618
Experience:  JD, 17 years legal experience including family law
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I am a foster/adopt parent in Stanislaus County. We had our

Customer Question

I am a foster/adopt parent in Stanislaus County. We had our first placement in early 2009, the baby was taken into custody after the carseats was taken and thrown into the street with the 8 day old baby in it. The bio-mother did not comply with court order reunification and so we finalized adoption in mid-2010. Before we finalized that adoption their was a sibling born, who was abused and abandoned, he was placed with us in early 2010. Services were not offered to the bio-mother in this case and we finalized early 2011.
The third child was born in mid 2011, and reunification services were offered in good-faith, however the bio-mother did not comply with the reunification guidelines, and so rights were again terminated and we finalsed adoption in late 2012.
Now earlier this year, there was another child born in Los Angeles County, after recommendation of the child to be placed with us and with the child's siblings. Los Angeles County decided that placing the child with the maternal grandmother (despite the concerns regarding her background in all the other cases, and this one) was sufficient.

Custody was signed over to the maternal grandmother.

My concern is that the bio-mothers life style (drugs, prostituting, theft) still continue. And placing the child under the supervision of another person who still lives other same house hold, does not protect the child from the same events the other siblings had to endure.

I am trying to find out if I have any rights in this situation, and if there is anything that I can do.
Submitted: 1 year ago.
Category: Family Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Who signed custody over to the maternal grandmother, was this done by court order or a decision by CPS?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.
The bio-mother asked CPS if she could sign custody over to her mother to avoid the child being placed in foster care. CPS agreed.
Expert:  Tina replied 1 year ago.

I see. Thank you for clarifying that, Jennie.

What you would typically need to do under these circumstances is to file a petition for guardianship or adoption of the child, citing the mother's past history of abusing/abandoning her children as well as any instances of abuse/neglect involving this child.

The fact that the child remains in the same household as the mother would typically suggest to a court that it is in danger and that CPS erred in this instance. Only a court order can override the placement which has been made, so guardianship or adoption are the options you have to seek custody of the child.

You will need a good family law attorney to represent you in this matter though, especially since you are not a relative and do not appear to have a previous relationship with this particular child, which are factors a court will normally consider in granting guardianship.

Adoption is more difficult as you may know since it involves terminating the parents' legal rights, so you may have a better shot at obtaining guardianship, but you may also need the help of a guardian ad litem in this case if you do not have proof yet that this child is currently being abused or neglected.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Expert:  Tina replied 1 year ago.
Hello again Jennie,
I wanted to thank you for using JustAnswer, and to inquire whether my answer was helpful in clarifying your understanding of the law even though it may not have resulted in the outcome you were hoping it would.
Is there anything else I can assist you with?
If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-tina/
Thank you very much and all the best to you.
Tina

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Tina
Tina
Family Lawyer
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JD, 17 years legal experience including family law