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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17884
Experience:  B.A.; M.B.A.; J.D.
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CPS met with my son a few weeks ago. They told him his ex-wife

Customer Question

CPS met with my son a few weeks ago. They told him his ex-wife has been having issues pertaining to endangering their five year old son. The issues are about her mental stability. In December 2014 she dropped her five year old off at preschool and told her son that he wouldn't see her again because she planned on killing herself. No CPS report was filed at the time but the preschool called the police. Then between December and June of this year she was 5150 five times each on weekends where my son had custody of his son, but was released from 5150 on Sunday and then took custody of their son on Monday. My son was never told until a few weeks ago where he found all this out because a CPS report was filed because his ex wife put a belt around her neck and told their five year old she was going to hang herself. My five year old grandson told his counselor who filed a CPS. She voluntarily gave up custody to my son until court the next monday. On the same day CPS removed the infant, my grandson's half brother from my grandson's mother's home. When my son went to court with all this they denied him emergency custody but within a couple hours cps removed my grandson. They are going to court and say she is fine and my son doesn't know what to do. He is fighting for sole custody and wants his ex to get better but the family is in denial. The other father went to court and was told he had custody for six months and agreed to an evaluator who the Mom and her family are paying for and then the evaluator will make a report. My son agrees to most of what is in this stipulation but there are differences between the two cases since my grandson was directly affected and his half brother who is five weeks old was not. Any advice will be helpful.
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
CPS met with my son a few weeks ago. They told him his ex-wife has been having issues pertaining to endangering their five year old son. The issues are about her mental stability. In December 2014 she dropped her five year old off at preschool and told her son that he wouldn't see her again because she planned on killing herself. No CPS report was filed at the time but the preschool called the police. Then between December and June of this year she was 5150 five times each on weekends where my son had custody of his son, but was released from 5150 on Sunday and then took custody of their son on Monday. My son was never told until a few weeks ago where he found all this out because a CPS report was filed because his ex wife put a belt around her neck and told their five year old she was going to hang herself. My five year old grandson told his counselor who filed a CPS. She voluntarily gave up custody to my son until court the next monday. On the same day CPS removed the infant, my grandson's half brother from my grandson's mother's home. When my son went to court with all this they denied him emergency custody but within a couple hours cps removed my grandson. They are going to court and say she is fine and my son doesn't know what to do. He is fighting for sole custody and wants his ex to get better but the family is in denial. The other father went to court and was told he had custody for six months and agreed to an evaluator who the Mom and her family are paying for and then the evaluator will make a report. My son agrees to most of what is in this stipulation but there are differences between the two cases since my grandson was directly affected and his half brother who is five weeks old was not. Any advice will be helpful.
Optional Information:
Country relating to Question: United States
State (if USA): California
What have you tried so far?: Not much because we thought the courts would give custody since CPS keeps removing the children even when the courts do not agree. My son doesn't want to pay a lot of legal fees because he doesn't have the money to do so and wants to use his money to help his child.

Response: I am not even sure why there is a question of who should get custody of your grandson under these circumstances. If his mother is mentally unstable and the evidence is there in plain sight, your son should be given sole custody of your grandson until his mother has received proper treatment. If the Court and the CPS keep sending the kid back to his mother under these circumstances, I am afraid that this would not end well. Your grandson is in jeopardy. Now, the mother is threatening to harm herself. She may threaten to harm the kid and herself and actually do it. The Court and CPS cannot keep returning the child to the mother. They are courting disaster. Someone could get hurt. The mother needs medical help and should not be allowed to have custody, not even supervised visitation until she has received proper treatment.
Customer: replied 1 year ago.
CPS doesn't keep giving the mother back her children, they keep removing the child from her home but the courts are not giving my son sole custody. When he went to court three weeks ago to ask for sole emergency custody they denied his request and custody was given back to the mom. My son called CPS who immediately asked for the child to be removed from his mother's care. The problem is that the courts are not on the same page as CPS and this is where we are running into a problem. I contacted you to help me navigate the courts to get this taken care of. What do we do to ensure that the courts are giving my son sole custody until the mom gets real help. They say they are going to court next week and have expert witnesses that say she is fine. I have a graduate degree in Psychology and my daughter has her doctorate in clinical forensic psychology and everyone we spoke to said that if for six months someone has threatened suicide in front of her son twice and has been 5150 five times in six months she cannot get week in a month, It is going to take serious time.
The courts are dealing with the legality and what do we do to prove this?
Expert:  Phillips Esq. replied 1 year ago.
CPS doesn't keep giving the mother back her children, they keep removing the child from her home but the courts are not giving my son sole custody. When he went to court three weeks ago to ask for sole emergency custody they denied his request and custody was given back to the mom. My son called CPS who immediately asked for the child to be removed from his mother's care. The problem is that the courts are not on the same page as CPS and this is where we are running into a problem. I contacted you to help me navigate the courts to get this taken care of. What do we do to ensure that the courts are giving my son sole custody until the mom gets real help. They say they are going to court next week and have expert witnesses that say she is fine. I have a graduate degree in Psychology and my daughter has her doctorate in clinical forensic psychology and everyone we spoke to said that if for six months someone has threatened suicide in front of her son twice and has been 5150 five times in six months she cannot get week in a month, It is going to take serious time.
The courts are dealing with the legality and what do we do to prove this?

Response: You need to get CPS to testify if you are not already doing so. The Social Worker involved in the case should be part of your witness so that she/he can tell the Court why she thinks that the child is in danger at his mother's and why CPS keeps removing the child from the mother's after the Court has mistakenly allowed her to have custody.
Customer: replied 1 year ago.
CPS is over worked and under paid. My son is having trouble getting them to help him in the courts but has said if he doesn't get custody this time around they will get a custody hold and remove him yet again. This is where we are having trouble with the courts. We aren't getting the support we need. CPS tells my son he has to fight for custody or he could be considering endangering his child. He fights for custody the courts do not agree but then CPS comes in and removes the child when the courts fail. This is where we need help. How do we get CPS to testify for us? How do we get the support we need to take care of this?
Expert:  Phillips Esq. replied 1 year ago.
CPS is over worked and under paid.
Response 1: Yes, but it is their job to protect the children.
My son is having trouble getting them to help him in the courts but has said if he doesn't get custody this time around they will get a custody hold and remove him yet again. This is where we are having trouble with the courts. We aren't getting the support we need. CPS tells my son he has to fight for custody or he could be considering endangering his child. He fights for custody the courts do not agree but then CPS comes in and removes the child when the courts fail. This is where we need help. How do we get CPS to testify for us? How do we get the support we need to take care of this?
Response 2: Your son needs to contact the Social Worker assigned to the case and request that she appear as a witness. The Social Worker would then get approval from her Supervisor to appear in Court to testify. To ensure the appearance of the Social Worker, he may also want to get the Court to issue a subpoena for Social Worker to testify. Click on the link below to learn how you subpoena a witness:
http://www.courts.ca.gov/11162.htm
Customer: replied 1 year ago.
What if I need an attorney to help with all the paperwork and help my son with the stipulation and stuff only and then he will file it with the courts and do all the legwork. Is there a way to get help consulting without paying large legal fees so that he can get help navigating the courts.
Expert:  Phillips Esq. replied 1 year ago.
What if I need an attorney to help with all the paperwork and help my son with the stipulation and stuff only and then he will file it with the courts and do all the legwork. Is there a way to get help consulting without paying large legal fees so that he can get help navigating the courts.
Response: This site does not offer legal representation. If you need an Attorney to assist you with paperwork, that is legal representation that I cannot handle on this site. You need to use the following sites to find local Attorneys who handle custody cases to assist you with the case:
http://www.lawyers.com
http://www.justia.com
Or you can contact your state bar association or legal aid services for referrals to Attorneys who offer low cost/free legal services:
https://www.google.com/search?q=california+state+bar+attorney+referral+services&oq=CA+state+bar+referra&aqs=chrome.4.0j69i57j0l4.12295j0j9&sourceid=chrome&es_sm=122&ie=UTF-8
https://www.google.com/search?q=CA+legal+aid&oq=CA+legal+aid&aqs=chrome..69i57j0l5.9903j0j4&sourceid=chrome&es_sm=122&ie=UTF-8

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