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Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5767
Experience:  20 years of professional experience
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Can cps take a newborn into care if the mother has family

Customer Question

can cps take a newborn into foster care if the mother has family and relatives that would take the baby?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a laywer yet?
Customer: Not yet. Unfortunately I haven't had time since just got the news an hour before I went to work yesterday
JA: Anything else you want the lawyer to know before I connect you?
Customer: i don't think so
Submitted: 3 months ago.
Category: Family Law
Expert:  Maverick replied 3 months ago.

Welcome! My name is***** give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 3 months ago.

One of the family members or relatives will need to file a petition for non-parent custody, which is also called "in loco parentis" custody. The non-parents file with the court where the child currently resides. The non-parental filing will need serve the petition on the child's parents and the CPS.

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I would highly recommend that you hire a family law attorney so that you do not lose the case on a procedural or evidentiary technicality.

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