Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

im going through a CPS case now regarding two of my kids...

Customer Question
My sons father is doing...
im going through a CPS case now regarding two of my kids... My sons father is doing everything he can to destoy my life and with all the constant drama going on the Case workers are looking to put my kids in foster care. They are currrently placed with the grandparents and all the arrangements were made outside of court. None of this is court ordered yet. I was wondering if i signed over my right TEMPORARILY would i be able to do that and what would that do to my case?
Submitted: 6 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 11 minutes by:
12/1/2010
Family Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
Thank you for your question.

What drama is he causing to you, exactly? What is he claiming? And does he have any grounds to do so?
Ask Your Own Family Law Question
Customer reply replied 6 years ago
He has been stalking me, ive received harassing phone calls from him and his wife... I changed my number yesterday and they both have showed up at my job and called making false complaints against me... I guess they are trying to get me fired.. He's been watching my aunts house which is where i reside at the moment and then follows me around. I went to try and get a protection order today but they didnt grant me one saying that i didnt prove enough for them to give me an emergency protection order... I just really wanna know if i sign over temporarily my rights to my kids grandparents will that help my case and will i be able to get them back when im ready? He and his wife have had mulitple people call the case worker making accusations that i had my daughter last week and i let him stay the night with us. (hes not suppose to be around my daughter at all) and that we have been sleeping together since he's been married and that i keep calling him and sending emails. All this is false but the case worker is taking all this into consideration and now im desperate to do whatever to keep my kids out of foster care..PERIOD
Family Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Thank you for your follow-up and your explanation.

Are your parents "fit" or would they deemed to be fit should the caseworker review?
Ask Your Own Family Law Question
Customer reply replied 6 years ago
Thats the thing its both of my kids fathers mothers who have the children... And yes they both are fit but my only concern is with my sons grandmother since the guy im complaining about is her son.... And i guess the caseworker already sees them fit or they wouldnt have placed them there anyways
Family Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
So they already have the children, you just wish to formally transfer guardianship before you fear it may be taken away from you, correct?
Ask Your Own Family Law Question
Customer reply replied 6 years ago
YES!!!!
Family Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Thank you for your follow-up.

Sorry about that, I just wanted to be sure that were communicating exactly about the same situation, and I was aware of all of the facts.

First of all you are always free to formally designate a new guardian or custodian for the children. Since the paternal grandparents were found to be fit, you can definitely grant them guardianship. Be aware that since CPS is involved, they may choose to intervene and either agree with the petition, or provide different evidence and information to the courts so as to possibly sabotage your means of transferring guardianship. That is highly unlikely, but is possible.

Second, once you transfer guardianship, even if on a temporary basis, it becomes an issue later to possibly retain custody. That is because the grandparents may contest you for the parental rights, and may attempt to claim and show later that you are unfit. It all depends on your relationship with them--they may simply withhold the children from you in the future. However if you do transfer, and CPS agrees, it would freeze their desire to move the children to foster care simply because under CPS's view, the children would be away from the possible dangerous and unhealthy environment that is your household.

Good luck.

Edited by Dimitry Alexander Kaplun on 12/1/2010 at 7:36 AM EST
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
Dimitry K., Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: I provide family and divorce law advice to my clients in my firm.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,844 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

41,221 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,360 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,346 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,754 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I need advise regarding guardianship in the State of Texas.
I need advise regarding guardianship in the State of Texas. I have a 17 yr. old cameroonian national orphan that is in the US on a 6 month visa extension and I need to get the quickest possible legal … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,668 satisfied customers
On August 1, 2017 I took guardianship of an infant girl. I
On August 1, 2017 I took guardianship of an infant girl. I am 74 years old, but active enough to care for her. My question is: Is there something on income tax return that applies to guardianship such… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
I need assistance in getting guardianship of my special
I need assistance in getting guardianship of my special needs grandson. His mother was 15 at birth, and now at college. I am his sole caregiver and I need to make all medical decisions, and hospital s… read more
Michael Bradley
Michael Bradley
JD
1,127 satisfied customers
I went to court on oct3 for guardianship I think. it is
i went to court on oct3 for guardianship I think. it is between an aunt and myself being the grandparent and a minor child age 8 the mother & father are out of the picture for now somewhat.long story … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,397 satisfied customers
I have legal guardianship over a 15 year old who currently
Hello. I have legal guardianship over a 15 year old who currently is in a mental hospital getting treatment. The father lives in Oklahoma and wants to just come down here on release day and take her h… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,867 satisfied customers
I need to establish guardianship of my mother who has
I need to establish guardianship of my mother who has Alzheimer's … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,397 satisfied customers
What and where do I get paperwork to get guardianship of
what and where do I get paperwork to get guardianship of minor grandchild … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,360 satisfied customers
I am needing an attorney to either postpone a guardianship
i am needing an attorney to either postpone a guardianship hearing for my mother or file for guardianship myself. I am an only child but her sister is trying to gain control. … read more
lawyerJ
lawyerJ
Juris Doctorate
125 satisfied customers
My baby's dad lost his parental rights to our oldest child
my baby's dad lost his parental rights to our oldest child but we have two children and he didn't lose the rights to the youngest. i am terminal with cancer and he is threatening to take the kids but … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If guardianship was given in California and the guardian
If guardianship was given in California and the guardian took the child to Oklahoma, does the parent have to go back to California to dissolve the guardianship and get custody? … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
How hard is it to terminate a guardianship in the state of
how hard is it to terminate a guardianship in the state of missouri … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,025 satisfied customers
I need help hopefully reinstating my parental rights in the
I need help hopefully reinstating my parental rights in the state of Idaho. I signed my rights away in 2009. Since that time my daughter's mother has lost custody of her to due to felony drug charges … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I need to get guardianship of my mother. I believe she has
I need to get guardianship of my mother. I believe she has alzhiemers but refuses to go to a doctor therefore she has not been diagnosed. She does not recognize family members and is not going to be a… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
Filing for guardianship of my grandson. The parents are both
filing for guardianship of my grandson. The parents are both in prison, the child was born in prison. it was the desire of both parents that the child be placed in my care. the social worker in prison… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My granddaughters mother is in contempt of the guardianship
My granddaughters mother is in contempt of the guardianship papers I relieved in probate. What can I do? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If my parental rights were terminated several years ago,
If my parental rights were terminated several years ago, would I still be able to get custody of a grandchild? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My ex mother-in-law has temporary guardianship of my
My ex mother-in-law has temporary guardianship of my four-year-old son.... we have a hearing on June 19th for me to get him back into my custody I am his biological mother. My question is is with thes… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers
What are parental rights in Ca. I am seeking guardianship of
What are parental rights in Ca. I am seeking guardianship of my 9 year old grandchild. Mom is in rehab. What are my daughter's rights?… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,480 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x