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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111600
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My son got custody of his daughter 14 days ago. however cps is refusi

Customer Question

my son got custody of his daughter 14 days ago. however cps is refusing to get her to him. her brothers were awarded custody to their perspective parent and an aunt. they got custody within 48 hours.
its been 14 days and my son cant find out anything, much less get anyone to answer his questions like where is she at ect....
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
CPS is about the most incompetent and negligent agency you will ever deal with. Their social workers have their own personal agenda and if they do not like the fact the court has given him custody they will drag their feet. What your son needs to do is go to court today and file an ex parte motion to compel and order to show cause for contempt against CPS and get the court order them to produce the child in court.
If the CPS social worker keeps up their silly game, then your son also has grounds to sue the social worker personally together with CPS (and many people are doing this and beating these incompetent social workers) for a civil rights violation, because the US Supreme Court has held that your son's right to his child is a "fundamental right" and as such CPS is violating his civil rights for not returning the child (see: Troxel v. Granville, 530 U.S. 57 (2000)).
I would strongly urge your son to go to court today and pursue these incompetent social workers and get a court order against them.