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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37858
Experience:  I provide family and divorce law advice to my clients in my firm.
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if i have a cps case in california and I sign my rights over

Resolved Question:

if i have a cps case in california and I sign my rights over to the other parent in texas while me and the child are in ca what happens to the child and i and the case in general??He is on a 60 day trial for the second time and the case keeps being extended due to his behaviors and I just want the case closed I don't want this organization in my life.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

Could you please provide more of a back story here? Why is CPS involved? Who, specifically, is being investigated? Please advise!
Customer: replied 1 year ago.
First of all thank you. In 2011 the school called and said our stepson had marks on his body they brought my wife and I in at the school for questioning with the sherriffs and cps. They took us both to jail and removed all our three children stating it was child abuse and endangerment . The older child had came home at midnight the two nights prior to that day and had been found by the sherriffs we called and was upset and exaggerated the story to the school. We did all our classes got the two younger children back home and case closed on two months but the older one who has always had behavioral issues went from a Freinds house that fostered him temporarily but soon returned him to the group home due to unmanageable behaviors, the. To group home then back to us but then removed by the social worker and placed in boys town for a behavioral modification program for 9 months and now back with us again but now the social worker is unreasonable and difficult and its been two years and we see no end in sight so we figured what would happen if we sign the moms rights over to the father who lives in Texas what would that do to the situation. The interest would be to eliminate cps' control on the mother in ca and force them to give the child to the father which they have always been unclear on what the icpc status is and always blew the concept off..... Please let me know if that was clear enough sorry it's been a couple years of story...thank you
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your follow-up. You are most welcome, truly. And I hope I ca help.

This was clear, believe me. Two quick sets of questions if I may:

1. Does the other parent want the children? Is he willing or able to take the kids? Is he fit to raise them?

2. Would the children be able ot travel to him right away? Does he have a home or property where the children can be raised?
Customer: replied 1 year ago.
1. Yes, yes, yes
2. Yes and yes
Only the older child is on the case he would be the only one going and that is his actual father and the child's grandmother is also there to help
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

Provided that CPS does not block your ability to sign over guardianship to the other party, and that party is deemed to be "fit" and able to care for the child, that may well be the best decision. CPS would be unable to continue their investigation unless they also deem or believe that your other children are somehow in danger, and their case against you should be closed. This is a very legitimate decision to make if you are trying to make CPS no longer a part of this investigation or review.

Good luck to you!

Customer: replied 1 year ago.
What are the interstate legalities if any. Could there be any negative repercussions to the mother such as a charge of abandonment. The case is only for the mother and child at this point the two smaller are not involved so they should be fine.
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

The 'interstate legality' would be for the other parent to initiate the request in California courts, and the other parent (the mother), agree to the change in custody. Such a petition, if not contested, is granted almost as a rubber-stamp request. This would not eb 'abandonment' since the child is being clearly transferred under the care of an another parent. What it can create is an obligation from the mother to pay child support to the other parent for the child, and of course if child support is being paid by the other parent, that support would cease.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37858
Experience: I provide family and divorce law advice to my clients in my firm.
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